Riffel and Another v Riffel and Others (LCC78/2018) [2018] ZALCC 35 (31 October 2018)

Riffel and Another v Riffel and Others (LCC78/2018) [2018] ZALCC 35 (31 October 2018)

The Applicants have satisfied all statutory requirements for eviction under ESTA. The Respondents, as long-term occupiers over 60, committed a material breach by orchestrating and participating in violent conduct against the Applicants and others, resulting in an irretrievable breakdown of the relationship. The Respondents' denials are bare and unsupported by credible evidence, and no genuine disputes of fact have been raised. Notices of termination were properly served, and the Respondents have already secured alternative accommodation. The hardship to the Applicants, who needed to sell the property for health and financial reasons, outweighs the inconvenience to the Respondents. The...

Citation
[2018] ZALCC 35
Parties
Applicant: Charles Johannes Riffel; Applicant: Gertruida Riffel; Respondent: Derrick Riffel; Respondent: Mary Pietersen; Respondent: Levona Ross; Respondent: Stellenbosch Municipality; Respondent: Head: Western Cape Provincial Department of Rural Development and Land Affairs
Court
Land Claims Court
Jurisdiction
South Africa
Judgment Date
31 October 2018
Case Number
LCC78/2018
Procedural Posture
Final Eviction Application / Judgment on Application for Final Eviction Following Interim Eviction Order
Outcome
Final eviction order granted against the First, Second, and Third Respondents.
Judges
Meer
Legal Topics
Extension of Security of Tenure Act, Eviction of Long Term Occupiers, Irretrievable Breakdown of Relationship, Compliance With Statutory Eviction Requirements
Land and Property Civil Procedure Extension of Security of Tenure Act Eviction of Long Term Occupiers Irretrievable Breakdown of Relationship Compliance With Statutory Eviction Requirements

Case Brief

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Parties

Charles Johannes Riffel

Applicant

Gertruida Riffel

Applicant

Derrick Riffel

Respondent

Mary Pietersen

Respondent

Levona Ross

Respondent

Stellenbosch Municipality

Respondent

Head: Western Cape Provincial Department of Rural Development and Land Affairs

Respondent

Procedural Posture

Final Eviction Application / Judgment on Application for Final Eviction Following Interim Eviction Order

Legal Issues

  1. 1 Whether the Applicants have complied with the mandatory requirements for eviction under Section 9(2) of ESTA.
  2. 2 Whether the Respondents, as long-term occupiers over 60, have committed a material breach justifying termination under Section 8(4) and Section 10(1)(c) of ESTA.
  3. 3 Whether the relationship between the parties has irretrievably broken down, making continued occupation untenable.

Ratio Decidendi

The Applicants have satisfied all statutory requirements for eviction under ESTA. The Respondents, as long-term occupiers over 60, committed a material breach by orchestrating and participating in violent conduct against the Applicants and others, resulting in an irretrievable breakdown of the relationship. The Respondents' denials are bare and unsupported by credible evidence, and no genuine disputes of fact have been raised. Notices of termination were properly served, and the Respondents have already secured alternative accommodation. The hardship to the Applicants, who needed to sell the property for health and financial reasons, outweighs the inconvenience to the Respondents. The...

Court Disposition

Final eviction order granted against the First, Second, and Third Respondents.

Orders

  • The First, Second and Third Respondents shall vacate the property known as Remainder of Farm 1052 Franschhoek, Western Cape by no later than 26 November 2018.
  • If the First to Third Respondents fail to vacate by 26 November 2018, the Sheriff is authorised to evict them on 27 November 2018.