Stephen v Asnath and Others (LCC 119/2024) [2025] ZALCC 17 (10 April 2025)

Stephen v Asnath and Others (LCC 119/2024) [2025] ZALCC 17 (10 April 2025)

The court found that the first respondent, Malephi Asnath, does not qualify as an occupier under ESTA due to her income exceeding the statutory threshold. The termination of her right of residence was procedurally and substantively compliant with ESTA, and all required notices were served. The respondents' points in limine regarding notice and mediation were dismissed as unfounded. The court determined that the applicant is not obliged to provide alternative accommodation, as the municipality confirmed the respondent does not qualify for emergency housing and has sufficient income to secure her own accommodation. The applicant's offer of R25,000 towards relocation costs was deemed...

Citation
[2025] ZALCC 17
Parties
Applicant: Beaumont Brian Stephen; Respondent: Malephi Asnath; Respondent: The Occupiers of Portion 230 of the Farm Knopjeslaagte, 385 Registration Division J.R; Respondent: The City of Tshwane Metropolitan Municipality; Respondent: Mzwanele Nyhontso N.O. (in his capacity as the Member of the Executive Council for Agriculture, Land Reform and Rural Development)
Court
Land Claims Court
Jurisdiction
South Africa
Judgment Date
10 April 2025
Case Number
LCC 119/2024
Procedural Posture
Eviction Application / Judgment After Opposed Application
Outcome
Eviction order granted against the first and second respondents and all those occupying through or under them; points in limine dismissed; no order as to costs.
Judges
Ncube
Legal Topics
Extension of Security of Tenure Act, Eviction, Notice of Termination, Alternative Accommodation, Compensation for Improvements
Land and Property Civil Procedure Extension of Security of Tenure Act Eviction Notice of Termination Alternative Accommodation Compensation for Improvements

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Parties

Beaumont Brian Stephen

Applicant

Malephi Asnath

Respondent

The Occupiers of Portion 230 of the Farm Knopjeslaagte, 385 Registration Division J.R

Respondent

The City of Tshwane Metropolitan Municipality

Respondent

Mzwanele Nyhontso N.O. (in his capacity as the Member of the Executive Council for Agriculture, Land Reform and Rural Development)

Respondent

Procedural Posture

Eviction Application / Judgment After Opposed Application

Legal Issues

  1. 1 Whether the respondents are entitled to protection under ESTA as occupiers.
  2. 2 Whether the termination of the right of residence and eviction notice complied with statutory requirements.
  3. 3 Whether it is just and equitable to grant an eviction order under the circumstances.

Ratio Decidendi

The court found that the first respondent, Malephi Asnath, does not qualify as an occupier under ESTA due to her income exceeding the statutory threshold. The termination of her right of residence was procedurally and substantively compliant with ESTA, and all required notices were served. The respondents' points in limine regarding notice and mediation were dismissed as unfounded. The court determined that the applicant is not obliged to provide alternative accommodation, as the municipality confirmed the respondent does not qualify for emergency housing and has sufficient income to secure her own accommodation. The applicant's offer of R25,000 towards relocation costs was deemed...

Court Disposition

Eviction order granted against the first and second respondents and all those occupying through or under them; points in limine dismissed; no order as to costs.

Orders

  • The respondents' points in limine are dismissed.
  • The first and second respondents and all those occupying through or under them are ordered to vacate Portion 230 of the farm Knopjeslaagte 385 Registration Division JR 230 Monument Road Centurion on or before 25 April 2025.