Van den Berg v Skosana (LCC 10R/03) [2002] ZALCC 65 (18 February 2002)

Van den Berg v Skosana (LCC 10R/03) [2002] ZALCC 65 (18 February 2002)

The magistrate's eviction order was set aside because the plaintiff failed to provide sufficient information regarding the cancellation of the defendant's right of residence, did not give a proper period of notice to vacate as required by section 9(2)(b) of ESTA, and did not address whether eviction would be just and equitable under section 11. The notice served on the defendant was defective, as it did not conform to the prescribed form and attempted to cancel the right of residence and give notice of eviction in the same document, which is impermissible. There was no evidence that a probation officer's report was requested as required by section 9(3). These procedural and substantive...

Citation
[2002] ZALCC 65
Parties
Plaintiff: IJ DU P Van den Berg; Defendant: Mmamorena Martha Skosana
Court
Land Claims Court
Jurisdiction
South Africa
Judgment Date
18 February 2002
Case Number
LCC 10R/03
Procedural Posture
Review Application / Automatic Review From Magistrate's Court Under Section 19(3) of ESTA
Outcome
Magistrate's eviction order set aside in its entirety.
Judges
Gildenhuys
Legal Topics
Extension of Security of Tenure Act, Eviction Procedure, Notice Requirements, Just and Equitable Standard
Land and Property Civil Procedure Extension of Security of Tenure Act Eviction Procedure Notice Requirements Just and Equitable Standard

Case Brief

Summary, issues, holding and outcome

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Parties

IJ DU P Van den Berg

Plaintiff

Mmamorena Martha Skosana

Defendant

Procedural Posture

Review Application / Automatic Review From Magistrate's Court Under Section 19(3) of ESTA

Legal Issues

  1. 1 Whether the requirements for an eviction order under section 9(2) of ESTA were met.
  2. 2 Whether the defendant's right of residence was lawfully terminated.
  3. 3 Whether proper notice of intention to obtain an eviction order was given in compliance with ESTA and its regulations.

Ratio Decidendi

The magistrate's eviction order was set aside because the plaintiff failed to provide sufficient information regarding the cancellation of the defendant's right of residence, did not give a proper period of notice to vacate as required by section 9(2)(b) of ESTA, and did not address whether eviction would be just and equitable under section 11. The notice served on the defendant was defective, as it did not conform to the prescribed form and attempted to cancel the right of residence and give notice of eviction in the same document, which is impermissible. There was no evidence that a probation officer's report was requested as required by section 9(3). These procedural and substantive...

Court Disposition

Magistrate's eviction order set aside in its entirety.

Orders

  • The magistrate's eviction order is set aside in its entirety.