Quantum Foods (Pty) Ltd v Jansen and Others (LCC88/2021) [2024] ZALCC 18 (16 May 2024)

Quantum Foods (Pty) Ltd v Jansen and Others (LCC88/2021) [2024] ZALCC 18 (16 May 2024)

The Court held that the applicant had not, at this stage, made out a case for eviction of all adult occupiers because not all had been served with termination notices and their rights of residence had not been properly terminated. Furthermore, the Court found that there had not been meaningful engagement regarding suitable alternative accommodation for all affected occupants with the relevant State parties, as required by ESTA and established case law. The Municipality's report was outdated and did not reflect the current circumstances, and there was insufficient consultation with all affected persons. The Court ordered further engagement and supplementation of papers to ensure compliance...

Citation
[2024] ZALCC 18
Parties
Applicant: Quantum Foods (Pty) Ltd; Respondent: Daniel Jansen; Respondent: Bronja Jansen; Respondent: Johannes Jonas; Respondent: Nancy Jonas; Respondent: Natalie Jonas; Respondent: Joan-Anne van Rooyen; Respondent: Mario Olivier; Respondent: Morne Isodore Dedaa; Respondent: Burton Quashu; Respondent: Berenique Quashu; Respondent: Charles Egen Aweries; Respondent: Annamarie Pieterse; Respondent: All other occupants of cottages 1,3,4,6 and the supervisors house, Eggland Farm, Uitenhage; Respondent: Nelson Mandela Bay Municipality; Respondent: Head: Eastern Cape Provincial Department of Agriculture, Land Reform and Rural Development; Respondent: Kouga Municipality
Court
Land Claims Court
Jurisdiction
South Africa
Judgment Date
16 May 2024
Case Number
LCC88/2021
Procedural Posture
Eviction Application / Interlocutory Order Prior to Determination of Eviction
Outcome
Eviction application not determined; further engagement and supplementation of papers ordered.
Judges
SJ Cowen
Legal Topics
Extension of Security of Tenure Act, Eviction Proceedings, Meaningful Engagement, Alternative Accommodation, Joinder of Parties, Municipal Obligations
Land and Property Civil Procedure Administrative Law Extension of Security of Tenure Act Eviction Proceedings Meaningful Engagement Alternative Accommodation Joinder of Parties +1 more

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Parties

Quantum Foods (Pty) Ltd

Applicant

Daniel Jansen

Respondent

Bronja Jansen

Respondent

Johannes Jonas

Respondent

Nancy Jonas

Respondent

Natalie Jonas

Respondent

Joan-Anne van Rooyen

Respondent

Mario Olivier

Respondent

Morne Isodore Dedaa

Respondent

Burton Quashu

Respondent

Berenique Quashu

Respondent

Charles Egen Aweries

Respondent

Annamarie Pieterse

Respondent

All other occupants of cottages 1,3,4,6 and the supervisors house, Eggland Farm, Uitenhage

Respondent

Nelson Mandela Bay Municipality

Respondent

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

Respondent

Kouga Municipality

Respondent

Procedural Posture

Eviction Application / Interlocutory Order Prior to Determination of Eviction

Legal Issues

  1. 1 Whether the applicant has complied with the requirements of ESTA for eviction of all adult occupiers.
  2. 2 Whether all affected adults have been properly cited and served with termination notices.
  3. 3 Whether there has been meaningful engagement regarding suitable alternative accommodation for all affected occupants with the relevant State parties.

Ratio Decidendi

The Court held that the applicant had not, at this stage, made out a case for eviction of all adult occupiers because not all had been served with termination notices and their rights of residence had not been properly terminated. Furthermore, the Court found that there had not been meaningful engagement regarding suitable alternative accommodation for all affected occupants with the relevant State parties, as required by ESTA and established case law. The Municipality's report was outdated and did not reflect the current circumstances, and there was insufficient consultation with all affected persons. The Court ordered further engagement and supplementation of papers to ensure compliance...

Court Disposition

Eviction application not determined; further engagement and supplementation of papers ordered.

Orders

  • The Municipality, Department, applicant, and first to thirteenth respondents still residing on the property are directed to engage meaningfully about the availability of suitable alternative accommodation and emergency accommodation.
  • Engagement must be completed within two months of the date of this order; the Municipality must deliver a supplementary report to the Court by 31 July 2024.