Rheeder and Another v Engelbrecht and Another (LCC09R2024) [2024] ZALCC 28 (5 September 2024)

Rheeder and Another v Engelbrecht and Another (LCC09R2024) [2024] ZALCC 28 (5 September 2024)

The Magistrate's order for eviction was set aside because the applicants failed to comply with the mandatory two-stage procedure under ESTA. The notice served on the respondents combined termination of residence and notice of intention to evict, which is impermissible. The Magistrate did not address the substantive and procedural fairness required by section 8, nor did he properly consider compliance with section 11 regarding the just and equitable nature of eviction. The respondents conceded unlawful occupation but raised valid concerns about notice and homelessness. The court held that the eviction order was not just and equitable and that the procedural requirements of ESTA were not...

Citation
[2024] ZALCC 28
Parties
Applicant: Stephanus Rheeder; Applicant: Milinda Annett Rheeder; Respondent: Arthur S Engelbrecht; Respondent: Ruan Engelbrecht
Court
Land Claims Court
Jurisdiction
South Africa
Judgment Date
5 September 2024
Case Number
LCC09R2024
Procedural Posture
Automatic Review / Review of Magistrate's Eviction Order
Outcome
Magistrate's eviction order set aside; eviction not confirmed.
Judges
Flatela
Legal Topics
Extension of Security of Tenure Act, Eviction Procedure, Just and Equitable Termination, Procedural Fairness, Municipal Housing Obligations
Land and Property Civil Procedure Extension of Security of Tenure Act Eviction Procedure Just and Equitable Termination Procedural Fairness Municipal Housing Obligations

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Parties

Stephanus Rheeder

Applicant

Milinda Annett Rheeder

Applicant

Arthur S Engelbrecht

Respondent

Ruan Engelbrecht

Respondent

Procedural Posture

Automatic Review / Review of Magistrate's Eviction Order

Legal Issues

  1. 1 Whether the termination of the respondents' right of residence complied with section 8 of ESTA.
  2. 2 Whether the eviction order granted by the Magistrate was just and equitable under ESTA.
  3. 3 Whether the procedural requirements for eviction under sections 9 and 11 of ESTA were satisfied.

Ratio Decidendi

The Magistrate's order for eviction was set aside because the applicants failed to comply with the mandatory two-stage procedure under ESTA. The notice served on the respondents combined termination of residence and notice of intention to evict, which is impermissible. The Magistrate did not address the substantive and procedural fairness required by section 8, nor did he properly consider compliance with section 11 regarding the just and equitable nature of eviction. The respondents conceded unlawful occupation but raised valid concerns about notice and homelessness. The court held that the eviction order was not just and equitable and that the procedural requirements of ESTA were not...

Court Disposition

Magistrate's eviction order set aside; eviction not confirmed.

Orders

  • The order of the Magistrate is set aside in its entirety.