Stellenbosch University v Retolla and Others (LCC63/2021) [2022] ZALCC 27; 2024 (1) SA 284 (LCC) (16 August 2022)

Stellenbosch University v Retolla and Others (LCC63/2021) [2022] ZALCC 27; 2024 (1) SA 284 (LCC) (16 August 2022)

The court found that the property owned by Stellenbosch University is excluded from the ambit of ESTA because it forms part of the township of Stellenbosch, which was recognised as a township in law at least since 1927 under the Townships Ordinance. The uncontested evidence, including expert opinion and municipal...

Source-derived case information.

Citation
[2022] ZALCC 27
Parties
Applicant: Stellenbosch University; Respondent: Richard Retolla; Respondent: Jaydene Retolla; Respondent: All other persons unlawfully residing at House Number W [....], Welgevallen, Erf [....], in the registration division of Stellenbosch; Respondent: Stellenbosch Municipality; Respondent: Provincial Department of Rural Development and Land Reform; Respondent: Registrar of Deeds, Western Cape; Respondent: Surveyor-General, Western Cape
Court
Land Claims Court
Jurisdiction
South Africa
Judgment Date
16 August 2022
Case Number
LCC63/2021
Procedural Posture
Declaratory Application / Reasons for Decision Following Unopposed Order
Outcome
The property is excluded from the provisions of ESTA for purposes of eviction proceedings against the first and second respondents.
Judges
S J Cowen
Legal Topics
Extension of Security of Tenure Act, Township Development, Declaratory Relief, Eviction Proceedings, Municipal Planning, Zoning
Land and Property Civil Procedure Administrative Law Extension of Security of Tenure Act Township Development Declaratory Relief Eviction Proceedings Municipal Planning +1 more

Source-derived case record

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 5 Authorities cited 21 Party arguments 2
Sign in to unlock

Parties

Stellenbosch University

Applicant

Richard Retolla

Respondent

Jaydene Retolla

Respondent

All other persons unlawfully residing at House Number W [....], Welgevallen, Erf [....], in the registration division of Stellenbosch

Respondent

Stellenbosch Municipality

Respondent

Provincial Department of Rural Development and Land Reform

Respondent

Registrar of Deeds, Western Cape

Respondent

Surveyor-General, Western Cape

Respondent

Procedural Posture

Declaratory Application / Reasons for Decision Following Unopposed Order

Legal Issues

  1. 1 Does the property owned by Stellenbosch University, Welgevallen, Erf [....], fall within the scope of the Extension of Security of Tenure Act 62 of 1997 (ESTA)?
  2. 2 Is the property excluded from ESTA by virtue of being land in a township established, approved, proclaimed or otherwise recognised as such in terms of any law?
  3. 3 What is the applicable legal regime for eviction proceedings against the first and second respondents: ESTA or the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 (PIE Act)?

Ratio Decidendi

The court found that the property owned by Stellenbosch University is excluded from the ambit of ESTA because it forms part of the township of Stellenbosch, which was recognised as a township in law at least since 1927 under the Townships Ordinance. The uncontested evidence, including expert opinion and municipal records, established that the property is zoned for education and not designated for agricultural purposes. The legislative history of township development in the Western Cape, including the 1927 and 1934 Townships Ordinances, LUPO, LUPA, and SPLUMA, supports the conclusion that the property is part of a township as contemplated by section 2(1) of ESTA. The court emphasised that...

Court Disposition

The property is excluded from the provisions of ESTA for purposes of eviction proceedings against the first and second respondents.

Orders

  • It is declared that Welgevallen, Erf [....], Stellenbosch, is land in a township established, approved, proclaimed or otherwise recognised as such in terms of any law as contemplated in section 2(1) of ESTA and is accordingly excluded from the provisions of ESTA for purposes of eviction proceedings against the first...