Van Dyk and Another v Mthimunye and Another (LCC 38/02) [2003] ZALCC 32 (26 May 2003)

Van Dyk and Another v Mthimunye and Another (LCC 38/02) [2003] ZALCC 32 (26 May 2003)

The court found that the defendants voluntarily left Eerstelingfontein in 1997, accepted severance, and entered into a new employment agreement elsewhere, thereby waiving any rights as labour tenants. Their return in 1999 as employees of the Trust did not revive those rights. The right of residence was validly terminated following dismissal for absconding and misconduct, and the defendants failed to challenge the dismissal through the appropriate labour dispute mechanisms. The requirements for eviction under section 11 of the Tenure Act were satisfied: the defendants had not resided on the farm for a long period, had ample time to seek alternative accommodation, and the relationship...

Citation
[2003] ZALCC 32
Parties
Plaintiff: Van Dyk, FJ N.O.; Plaintiff: Van Dyk, HH N.O.; Defendant: Mthimunye, MJ; Defendant: Mthimunye, EN
Court
Land Claims Court
Jurisdiction
South Africa
Judgment Date
26 May 2003
Case Number
LCC 38/02
Procedural Posture
Eviction Application / Final Judgment
Outcome
Eviction order granted against the defendants; no order as to costs.
Judges
Gildenhuys
Legal Topics
Extension of Security of Tenure Act, Labour Tenant Eviction, Termination of Right of Residence, Waiver of Labour Tenant Rights, Just and Equitable Eviction
Land and Property Civil Procedure Extension of Security of Tenure Act Labour Tenant Eviction Termination of Right of Residence Waiver of Labour Tenant Rights Just and Equitable Eviction

Case Brief

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Parties

Van Dyk, FJ N.O.

Plaintiff

Van Dyk, HH N.O.

Plaintiff

Mthimunye, MJ

Defendant

Mthimunye, EN

Defendant

Procedural Posture

Eviction Application / Final Judgment

Legal Issues

  1. 1 Whether the defendants are labour tenants entitled to protection from eviction under the Labour Tenant Act.
  2. 2 Whether the defendants' right of residence as occupiers under the Tenure Act was validly terminated.
  3. 3 Whether the requirements for eviction under section 11 of the Tenure Act have been satisfied.

Ratio Decidendi

The court found that the defendants voluntarily left Eerstelingfontein in 1997, accepted severance, and entered into a new employment agreement elsewhere, thereby waiving any rights as labour tenants. Their return in 1999 as employees of the Trust did not revive those rights. The right of residence was validly terminated following dismissal for absconding and misconduct, and the defendants failed to challenge the dismissal through the appropriate labour dispute mechanisms. The requirements for eviction under section 11 of the Tenure Act were satisfied: the defendants had not resided on the farm for a long period, had ample time to seek alternative accommodation, and the relationship...

Court Disposition

Eviction order granted against the defendants; no order as to costs.

Orders

  • The defendants must vacate the farm Eerstelingfontein by 4 July 2003.
  • If the defendants have not vacated the farm Eerstelingfontein by 4 July 2003, the eviction order may be carried out on 7 July 2003 or thereafter.