Pepler N.O and Others v Lombaard and Others (LCC 113/2020) [2024] ZALCC 1 (22 January 2024)

Pepler N.O and Others v Lombaard and Others (LCC 113/2020) [2024] ZALCC 1 (22 January 2024)

The court found that the applicants, as trustees of the Kotie Pepler Children’s Trust, had lawfully and fairly terminated the respondents’ rights of residence in accordance with section 8 of ESTA. The termination was preceded by extended efforts to formalize the relationship and was procedurally fair, with adequate notice and opportunities for engagement. The respondents’ continued occupation was not supported by any reasonable expectation of indefinite residence without payment or formal arrangement. The court considered the long period of residence, the hardship to the respondents, and the impact on minor children, but found that the respondents were not destitute, had the financial...

Citation
[2024] ZALCC 1
Parties
Applicant: Jacobus Abraham Pepler N.O.; Applicant: Teresa Pepler N.O.; Applicant: Heike Van der Berg N.O.; Applicant: Kotie Pepler Children’s Trust; Respondent: Sophie Lombaard; Respondent: Leigh-Ann Lombaard; Respondent: Janine Lombaard; Respondent: Clinton Lombaard; Respondent: All those holding title through 1st–4th Respondents or occupying Units 7, 7A, 7B Erf 231, Raithby, Stellenbosch, Western Cape; Respondent: Stellenbosch Municipality; Respondent: Head: Western Cape Provincial Department of Agriculture, Rural Development and Land Reform
Court
Land Claims Court
Jurisdiction
South Africa
Judgment Date
22 January 2024
Case Number
LCC 113/2020
Procedural Posture
Eviction Application / Judgment After Opposed Motion Proceedings
Outcome
Eviction order granted; respondents to vacate by 30 June 2024, with sheriff authorized to evict on 15 July 2024 if necessary; no order as to costs.
Judges
S Cowen
Legal Topics
Extension of Security of Tenure Act, Eviction of Occupiers, Just and Equitable Termination, Alternative Accommodation, Section 26 Constitution, Procedural Fairness
Land and Property Civil Procedure Constitutional Law Extension of Security of Tenure Act Eviction of Occupiers Just and Equitable Termination Alternative Accommodation Section 26 Constitution +1 more

Case Brief

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Parties

Jacobus Abraham Pepler N.O.

Applicant

Teresa Pepler N.O.

Applicant

Heike Van der Berg N.O.

Applicant

Kotie Pepler Children’s Trust

Applicant

Sophie Lombaard

Respondent

Leigh-Ann Lombaard

Respondent

Janine Lombaard

Respondent

Clinton Lombaard

Respondent

All those holding title through 1st–4th Respondents or occupying Units 7, 7A, 7B Erf 231, Raithby, Stellenbosch, Western Cape

Respondent

Stellenbosch Municipality

Respondent

Head: Western Cape Provincial Department of Agriculture, Rural Development and Land Reform

Respondent

Procedural Posture

Eviction Application / Judgment After Opposed Motion Proceedings

Legal Issues

  1. 1 Whether the applicants terminated the respondents' rights of residence in accordance with section 8 of ESTA.
  2. 2 Whether the conditions for an order for eviction in terms of section 11 of ESTA have been complied with.
  3. 3 Whether it is just and equitable to grant an eviction order under the circumstances.

Ratio Decidendi

The court found that the applicants, as trustees of the Kotie Pepler Children’s Trust, had lawfully and fairly terminated the respondents’ rights of residence in accordance with section 8 of ESTA. The termination was preceded by extended efforts to formalize the relationship and was procedurally fair, with adequate notice and opportunities for engagement. The respondents’ continued occupation was not supported by any reasonable expectation of indefinite residence without payment or formal arrangement. The court considered the long period of residence, the hardship to the respondents, and the impact on minor children, but found that the respondents were not destitute, had the financial...

Court Disposition

Eviction order granted; respondents to vacate by 30 June 2024, with sheriff authorized to evict on 15 July 2024 if necessary; no order as to costs.

Orders

  • The first to fifth respondents are ordered to vacate the property, specifically Cottage 7 (including 7A and 7B), on or before 30 June 2024.
  • Should the respondents fail to vacate the property as aforesaid, the sheriff is authorized to evict the first to fifth respondents on 15 July 2024.