Simonsig Landgoed (Edms) Bpk v Vers and Others (A141/06 , A142/06 , A143/06) [2007] ZAWCHC 20; [2007] 4 All SA 1288 (C); 2007 (5) SA 103 (C) (9 May 2007)

Simonsig Landgoed (Edms) Bpk v Vers and Others (A141/06 , A142/06 , A143/06) [2007] ZAWCHC 20; [2007] 4 All SA 1288 (C); 2007 (5) SA 103 (C) (9 May 2007)

The court held that the respondents' rights of occupation were derivative, flowing from their relationships with employees of the appellant. Upon the deaths of their spouses or partners, their rights of residence continued for twelve months by operation of section 8(5) of ESTA, which constitutes 'another right in law' under the Act. After expiry of the statutory notice period, their occupation became unlawful, but they did not become 'unlawful occupiers' under PIE because PIE expressly excludes persons who are or were occupiers under ESTA. The magistrate was correct in finding that ESTA, not PIE, governed the proceedings and the respondents' status.

Citation
[2007] ZAWCHC 20
Parties
Appellant: Simonsig Landgoed (Edms) Bpk; Respondent: Salome Vers; Respondent: CM Rossouw; Respondent: Annie Moos; Respondent: Kaapse Wynland Distrikmunisipaliteit
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
9 May 2007
Case Number
A141/06
Procedural Posture
Civil Appeal / Appeal From Magistrate's Court Decision
Outcome
Appeal dismissed with costs.
Judges
D. Van Reenen, T. Ndita
Legal Topics
Extension of Security of Tenure Act, Prevention of Illegal Eviction Act, Derivative Rights of Occupation, Statutory Notice Requirements, Definition of Occupier
Land and Property Civil Procedure Extension of Security of Tenure Act Prevention of Illegal Eviction Act Derivative Rights of Occupation Statutory Notice Requirements Definition of Occupier

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 14 Party arguments 2
Sign in to unlock

Parties

Simonsig Landgoed (Edms) Bpk

Appellant

Salome Vers

Respondent

CM Rossouw

Respondent

Annie Moos

Respondent

Kaapse Wynland Distrikmunisipaliteit

Respondent

Procedural Posture

Civil Appeal / Appeal From Magistrate's Court Decision

Legal Issues

  1. 1 Whether the respondents qualified as 'occupiers' under the Extension of Security of Tenure Act (ESTA) after the death of their spouses or partners.
  2. 2 Whether the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE) applies to the respondents' occupation after expiry of statutory notice.
  3. 3 Whether the magistrate was correct in finding ESTA applicable and not PIE.

Ratio Decidendi

The court held that the respondents' rights of occupation were derivative, flowing from their relationships with employees of the appellant. Upon the deaths of their spouses or partners, their rights of residence continued for twelve months by operation of section 8(5) of ESTA, which constitutes 'another right in law' under the Act. After expiry of the statutory notice period, their occupation became unlawful, but they did not become 'unlawful occupiers' under PIE because PIE expressly excludes persons who are or were occupiers under ESTA. The magistrate was correct in finding that ESTA, not PIE, governed the proceedings and the respondents' status.

Court Disposition

Appeal dismissed with costs.

Orders

  • The appeal is dismissed with costs.