Pieterse and Others v Drumearn (Pty) Ltd and Others (LCC 135/2022 ; 3/2021) [2023] ZALCC 13 (19 April 2023)

Pieterse and Others v Drumearn (Pty) Ltd and Others (LCC 135/2022 ; 3/2021) [2023] ZALCC 13 (19 April 2023)

The court held that the relocation of the appellant from a house on Blauwkrans Farm, owned by Drumearn (Pty) Ltd, to a house on Helderfontein Farm, owned by Helderfontein Farm (Pty) Ltd, constitutes an eviction under the Extension of Security of Tenure Act (ESTA). The farms are distinct cadastral units registered to...

Source-derived case information.

Citation
[2023] ZALCC 13
Parties
Appellant: Christina Pieterse; Appellant: All persons residing with or under the first and second respondents on the farm Blauwkrans, Grabouw; Respondent: Drumearn (Pty) Ltd; Respondent: James Edward Rawbone-Viljoen; Respondent: Brandon Craig Myburgh
Court
Land Claims Court
Jurisdiction
South Africa
Judgment Date
19 April 2023
Case Number
LCC 135/2022 ; 3/2021
Procedural Posture
Civil Appeal / Appeal From Magistrates Court Decision
Outcome
Appeal upheld; Magistrate's decision set aside; relocation application dismissed.
Judges
Flatela, Cowen
Legal Topics
Extension of Security of Tenure Act, Eviction, Relocation of Occupiers, Cadastral Definition of Land, Security of Tenure
Land and Property Civil Procedure Extension of Security of Tenure Act Eviction Relocation of Occupiers Cadastral Definition of Land Security of Tenure

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Parties

Christina Pieterse

Appellant

All persons residing with or under the first and second respondents on the farm Blauwkrans, Grabouw

Appellant

Drumearn (Pty) Ltd

Respondent

James Edward Rawbone-Viljoen

Respondent

Brandon Craig Myburgh

Respondent

Procedural Posture

Civil Appeal / Appeal From Magistrates Court Decision

Legal Issues

  1. 1 Does the relocation of a long-term occupier from one house to another on land owned by a different entity with distinct cadastral identifications constitute an eviction under ESTA?
  2. 2 Is the relocation order granted by the Magistrates Court legally valid under the Extension of Security of Tenure Act?
  3. 3 Does the fact that the farms are operated as a single unit by common shareholders affect the legal definition of 'land' for purposes of eviction under ESTA?

Ratio Decidendi

The court held that the relocation of the appellant from a house on Blauwkrans Farm, owned by Drumearn (Pty) Ltd, to a house on Helderfontein Farm, owned by Helderfontein Farm (Pty) Ltd, constitutes an eviction under the Extension of Security of Tenure Act (ESTA). The farms are distinct cadastral units registered to different legal entities, and the Act regulates the relationship between occupiers and owners of the same land. The fact that both entities have common shareholders and operate the farms as a single unit does not alter the legal definition of 'land' for purposes of ESTA. The jurisprudence cited by the respondents applies only to relocations within the same registered land...

Court Disposition

Appeal upheld; Magistrate's decision set aside; relocation application dismissed.

Orders

  • The appeal is upheld.
  • The decision of the Magistrate's Court, Grabouw is set aside in its entirety and replaced with the order: 'The relocation application is dismissed.'