Spaarveld Boerdery (Edms) Bpk v Sefawa and Others (LCC 195/10) [2011] ZALCC 14 (12 December 2011)

Spaarveld Boerdery (Edms) Bpk v Sefawa and Others (LCC 195/10) [2011] ZALCC 14 (12 December 2011)

The Court found that condonation for the late filing of the appeal should be granted as the delay was not excessive and the respondents would not be prejudiced. The Land Claims Court has jurisdiction because the Magistrate’s decision was made in terms of ESTA. The second to fifth respondents are 'occupiers' as defined by ESTA, having acquired their right of residence through the consent given to the first respondent. The appellant lawfully terminated their right of residence and provided suitable alternative accommodation, as required by ESTA. The requirements for eviction under sections 8, 9, and 10 of ESTA were met, including the provision of suitable alternative accommodation and...

Citation
[2011] ZALCC 14
Parties
Appellant: Spaarveld Boerdery (Edms) Beperk; Respondent: Eh Sefawa; Respondent: Sara Sefawa; Respondent: Elizabeth Sefawa; Respondent: Lenah Sefawa; Respondent: Stefaans Sefawa
Court
Land Claims Court
Jurisdiction
South Africa
Judgment Date
12 December 2011
Case Number
LCC 195/10
Procedural Posture
Civil Appeal / Appeal From Magistrate's Court Judgment on Eviction
Outcome
Appeal upheld; eviction order granted against second to fifth respondents; condonation for late filing granted; no order as to costs.
Judges
M Mpshe, C Loots
Legal Topics
Extension of Security of Tenure Act, Eviction Proceedings, Suitable Alternative Accommodation, Right to Housing, Condonation, Balance of Hardship
Land and Property Civil Procedure Constitutional Law Extension of Security of Tenure Act Eviction Proceedings Suitable Alternative Accommodation Right to Housing Condonation +1 more

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Parties

Spaarveld Boerdery (Edms) Beperk

Appellant

Eh Sefawa

Respondent

Sara Sefawa

Respondent

Elizabeth Sefawa

Respondent

Lenah Sefawa

Respondent

Stefaans Sefawa

Respondent

Procedural Posture

Civil Appeal / Appeal From Magistrate's Court Judgment on Eviction

Legal Issues

  1. 1 Whether condonation for late filing of appeal should be granted.
  2. 2 Whether the Land Claims Court has jurisdiction to hear the appeal.
  3. 3 Whether the second to fifth respondents are 'occupiers' under ESTA.

Ratio Decidendi

The Court found that condonation for the late filing of the appeal should be granted as the delay was not excessive and the respondents would not be prejudiced. The Land Claims Court has jurisdiction because the Magistrate’s decision was made in terms of ESTA. The second to fifth respondents are 'occupiers' as defined by ESTA, having acquired their right of residence through the consent given to the first respondent. The appellant lawfully terminated their right of residence and provided suitable alternative accommodation, as required by ESTA. The requirements for eviction under sections 8, 9, and 10 of ESTA were met, including the provision of suitable alternative accommodation and...

Court Disposition

Appeal upheld; eviction order granted against second to fifth respondents; condonation for late filing granted; no order as to costs.

Orders

  • The appeal succeeds.
  • Condonation for late filing is granted.