Mpedi and Others v Swanevelder and Another (421/02) [2003] ZASCA 131; 2004 (4) SA 344 (SCA) (28 November 2003)

Mpedi and Others v Swanevelder and Another (421/02) [2003] ZASCA 131; 2004 (4) SA 344 (SCA) (28 November 2003)

The Supreme Court of Appeal held that the first appellant's right of residence on the farm Rietgat was directly linked to his employment contract with the respondents, and this agreement superseded any prior arrangements. Upon lawful termination of his employment, the respondents were entitled to terminate his right of residence. The second appellant's right of residence was found to derive solely from her marriage to the first appellant, not independently. The appellants failed to provide reliable evidence that either had reached the age of 60 years at the relevant time, and thus could not claim protection under section 8(4) of ESTA. The court further found that the first appellant, by...

Citation
[2003] ZASCA 131
Parties
Appellant: Johannes Mpedi; Appellant: Rebecca Mpedi; Appellant: Johanna Mpedi; Appellant: David Mpedi; Appellant: Philemon Mpedi; Respondent: Erasmus Albertus Swanevelder; Respondent: Johanna Cornelia Swanevelder
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
28 November 2003
Case Number
421/02
Procedural Posture
Civil Appeal / Appeal From Land Claims Court; Judgment on Merits
Outcome
Appeal dismissed.
Judges
MPATI, STREICHER, NAVSA, HEHER, MOTATA
Legal Topics
Extension of Security of Tenure Act, Eviction Procedure, Right of Residence, Fundamental Breach, Proof of Age
Land and Property Civil Procedure Extension of Security of Tenure Act Eviction Procedure Right of Residence Fundamental Breach Proof of Age

Case Brief

Summary, issues, holding and outcome

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Parties

Johannes Mpedi

Appellant

Rebecca Mpedi

Appellant

Johanna Mpedi

Appellant

David Mpedi

Appellant

Philemon Mpedi

Appellant

Erasmus Albertus Swanevelder

Respondent

Johanna Cornelia Swanevelder

Respondent

Procedural Posture

Civil Appeal / Appeal From Land Claims Court; Judgment on Merits

Legal Issues

  1. 1 Whether the first appellant's right of residence arose solely from his employment contract.
  2. 2 Whether the second appellant was an occupier in her own right.
  3. 3 Whether the first appellant committed a fundamental breach of the relationship with the respondents under s 10(1)(c) of ESTA.

Ratio Decidendi

The Supreme Court of Appeal held that the first appellant's right of residence on the farm Rietgat was directly linked to his employment contract with the respondents, and this agreement superseded any prior arrangements. Upon lawful termination of his employment, the respondents were entitled to terminate his right of residence. The second appellant's right of residence was found to derive solely from her marriage to the first appellant, not independently. The appellants failed to provide reliable evidence that either had reached the age of 60 years at the relevant time, and thus could not claim protection under section 8(4) of ESTA. The court further found that the first appellant, by...

Court Disposition

Appeal dismissed.

Orders

  • The appeal is dismissed.