Nel and Others v Motlabane and Another (192/2009) [2011] ZALCC 8 (13 May 2011)

Nel and Others v Motlabane and Another (192/2009) [2011] ZALCC 8 (13 May 2011)

The court found that the applicants failed to establish a proper termination of the respondents' right of residence as required by section 8 of the Extension of Security of Tenure Act. The factual dispute regarding whether the respondents had voluntarily resigned from employment was unresolved, with inconsistencies and discrepancies in the documentation. Since proper termination is a threshold requirement for eviction under the Act, the application for eviction could not succeed. The court declined to address other aspects of the application and dismissed it with no order as to costs. The point in limine regarding res judicata was also dismissed.

Citation
[2011] ZALCC 8
Parties
Applicant: Cornelius Nel; Applicant: Christene Euginie Nel; Applicant: Avax 215 CC t/a Rusco Dairies; Respondent: Joseph Motlabane; Respondent: Booysen Kholisile Mogojo
Court
Land Claims Court
Jurisdiction
South Africa
Judgment Date
13 May 2011
Case Number
192/2009
Procedural Posture
Eviction Application / Final Judgment
Outcome
Application for eviction dismissed; no order as to costs.
Judges
Bam
Legal Topics
Extension of Security of Tenure Act, Termination of Right of Residence, Employment Related Occupation, Just and Equitable Eviction, Res Judicata
Land and Property Extension of Security of Tenure Act Termination of Right of Residence Employment Related Occupation Just and Equitable Eviction Res Judicata

Case Brief

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Parties

Cornelius Nel

Applicant

Christene Euginie Nel

Applicant

Avax 215 CC t/a Rusco Dairies

Applicant

Joseph Motlabane

Respondent

Booysen Kholisile Mogojo

Respondent

Procedural Posture

Eviction Application / Final Judgment

Legal Issues

  1. 1 Whether the respondents' right of residence on the farm DePan was properly terminated in terms of section 8 of the Extension of Security of Tenure Act.
  2. 2 Whether the respondents' resignation from employment constituted a lawful termination of their right of residence.
  3. 3 Whether the drastic curtailment of the respondents' original status as occupiers was lawful and unchallenged.

Ratio Decidendi

The court found that the applicants failed to establish a proper termination of the respondents' right of residence as required by section 8 of the Extension of Security of Tenure Act. The factual dispute regarding whether the respondents had voluntarily resigned from employment was unresolved, with inconsistencies and discrepancies in the documentation. Since proper termination is a threshold requirement for eviction under the Act, the application for eviction could not succeed. The court declined to address other aspects of the application and dismissed it with no order as to costs. The point in limine regarding res judicata was also dismissed.

Court Disposition

Application for eviction dismissed; no order as to costs.

Orders

  • The point in limine relating to res judicata is dismissed.
  • The application for eviction is dismissed.