Snyders v De Jager (20469/2014) [2015] ZASCA 137; 2016 (5) SA 218 (SCA) (30 September 2015)

Snyders v De Jager (20469/2014) [2015] ZASCA 137; 2016 (5) SA 218 (SCA) (30 September 2015)

The Supreme Court of Appeal held that it does not have jurisdiction to hear an appeal against an order of the Land Claims Court confirming an eviction order of a magistrates' court on automatic review under section 19(3) of the Extension of Security of Tenure Act. The confirmation order is not a substantive determination of the merits but a review of the magistrate's process. Appeals from magistrates' courts under ESTA must be directed to the Land Claims Court, not directly to the Supreme Court of Appeal. Party consent cannot confer jurisdiction where statute does not. Leave to appeal was improperly granted by the Land Claims Court, rendering the appeal a nullity. Accordingly, the matter...

Citation
[2015] ZASCA 137
Parties
Appellant: Karel Snyders; Appellant: Sofia Snyders; Appellant: Minor Children; Respondent: Louisa Frederika de Jager
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
30 September 2015
Case Number
20469/2014
Procedural Posture
Civil Appeal / Appeal From Land Claims Court Order Confirming Magistrate's Eviction Order on Automatic Review
Outcome
The appeal was not properly before the Supreme Court of Appeal and was struck from the roll with costs awarded to the respondent.
Judges
Ponnan, Saldulker, Dambuza, Mathopo, Van der Merwe
Legal Topics
Extension of Security of Tenure Act, Automatic Review, Eviction Orders, Jurisdiction, Leave to Appeal
Land and Property Civil Procedure Extension of Security of Tenure Act Automatic Review Eviction Orders Jurisdiction Leave to Appeal

Case Brief

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Parties

Karel Snyders

Appellant

Sofia Snyders

Appellant

Minor Children

Appellant

Louisa Frederika de Jager

Respondent

Procedural Posture

Civil Appeal / Appeal From Land Claims Court Order Confirming Magistrate's Eviction Order on Automatic Review

Legal Issues

  1. 1 Does an appeal lie to the Supreme Court of Appeal against an order of the Land Claims Court confirming an eviction order of the magistrates' court on automatic review under section 19(3) of ESTA?
  2. 2 Is the matter properly before the Supreme Court of Appeal given the procedural history and statutory framework?
  3. 3 Does party consent confer jurisdiction on the Supreme Court of Appeal in this context?

Ratio Decidendi

The Supreme Court of Appeal held that it does not have jurisdiction to hear an appeal against an order of the Land Claims Court confirming an eviction order of a magistrates' court on automatic review under section 19(3) of the Extension of Security of Tenure Act. The confirmation order is not a substantive determination of the merits but a review of the magistrate's process. Appeals from magistrates' courts under ESTA must be directed to the Land Claims Court, not directly to the Supreme Court of Appeal. Party consent cannot confer jurisdiction where statute does not. Leave to appeal was improperly granted by the Land Claims Court, rendering the appeal a nullity. Accordingly, the matter...

Court Disposition

The appeal was not properly before the Supreme Court of Appeal and was struck from the roll with costs awarded to the respondent.

Orders

  • The matter is struck from the roll with costs.