Smith v Ndweni (LCC01R/06) [2006] ZALCC 2 (10 April 2006)

Smith v Ndweni (LCC01R/06) [2006] ZALCC 2 (10 April 2006)

The court found that the applicants had complied with the substantive and procedural requirements for eviction under the Extension of Security of Tenure Act for respondents Vikilahle, Bierwinkel, and Simons. Their rights of residence were terminated due to retrenchment or breach of occupation agreements, and suitable alternative accommodation was objectively provided in the Lanquedoc Housing Project. The court held that refusal to relocate constituted a material breach of fair terms of the occupation agreements, justifying eviction. For long-term occupier Lufefe, the court found no evidence of a material breach as required by Section 10(1)(b), and thus her eviction could not be ordered....

Citation
[2006] ZALCC 2
Parties
Applicant: AMFARMS REALISATION COMPANY LIMITED; Applicant: ANGLO AMERICAN FARMS LIMITED; Applicant: BOSCHENDAL (PTY) LIMITED; Applicant: ALLEE BLEUE (PROPRIETARY) LIMITED; Applicant: RHODES FOOD GROUP (PTY) LIMITED; Respondent: NKOSINCEDILE VIKILAHLE; Respondent: MAGDELENE SIMONS; Respondent: NOSISILE JOSEPHINA LUFEFE; Respondent: RUDOLPH BIERWINKEL
Court
Land Claims Court
Jurisdiction
South Africa
Judgment Date
10 April 2006
Case Number
LCC01R/06
Procedural Posture
Eviction Application / Final Judgment
Outcome
Eviction orders granted against Vikilahle, Bierwinkel, and Simons; eviction refused for Lufefe.
Judges
Y S Meer
Legal Topics
Extension of Security of Tenure Act, Eviction, Suitable Alternative Accommodation, Long Term Occupier, Housing Policy, Probation Officer Report
Land and Property Civil Procedure Extension of Security of Tenure Act Eviction Suitable Alternative Accommodation Long Term Occupier Housing Policy Probation Officer Report

Case Brief

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Parties

AMFARMS REALISATION COMPANY LIMITED

Applicant

ANGLO AMERICAN FARMS LIMITED

Applicant

BOSCHENDAL (PTY) LIMITED

Applicant

ALLEE BLEUE (PROPRIETARY) LIMITED

Applicant

RHODES FOOD GROUP (PTY) LIMITED

Applicant

NKOSINCEDILE VIKILAHLE

Respondent

MAGDELENE SIMONS

Respondent

NOSISILE JOSEPHINA LUFEFE

Respondent

RUDOLPH BIERWINKEL

Respondent

Procedural Posture

Eviction Application / Final Judgment

Legal Issues

  1. 1 Whether the applicants have complied with the substantive requirements for eviction under the Extension of Security of Tenure Act.
  2. 2 Whether suitable alternative accommodation has been provided to the respondents as required by the Act.
  3. 3 Whether the respondents have committed material breaches of their occupation agreements justifying eviction.

Ratio Decidendi

The court found that the applicants had complied with the substantive and procedural requirements for eviction under the Extension of Security of Tenure Act for respondents Vikilahle, Bierwinkel, and Simons. Their rights of residence were terminated due to retrenchment or breach of occupation agreements, and suitable alternative accommodation was objectively provided in the Lanquedoc Housing Project. The court held that refusal to relocate constituted a material breach of fair terms of the occupation agreements, justifying eviction. For long-term occupier Lufefe, the court found no evidence of a material breach as required by Section 10(1)(b), and thus her eviction could not be ordered....

Court Disposition

Eviction orders granted against Vikilahle, Bierwinkel, and Simons; eviction refused for Lufefe.

Orders

  • Within two months of service of the order, Vikilahle and all persons occupying through him must vacate 9 Thembalethu Married Quarters; failing which, the sheriff is authorised to evict them after ten days.
  • Within two months of service of the order, Simons and all persons occupying through her must vacate 5 Lubeck; failing which, the sheriff is authorised to evict them after ten days.