Skyline Investment (Pty) Ltd and Others v Swarts and Others (LCC 11R/2023 ; 1390/2020)
Skyline Investment (Pty) Ltd and Others v Swarts and Others (LCC 11R/2023 ; 1390/2020) [2023] ZALCC 14 (8 May 2023)
The Land Claims Court found that the Magistrate erred in applying section 11 of ESTA instead of section 10, as the respondents had occupied the property before 4 February 1997. The Magistrate failed to properly consider the respondents' submissions and the factual disputes regarding the date and nature of occupation. The Court accepted the respondents' version that they had resided on the farm with the previous owner's consent prior to the cut-off date, making section 10 applicable. The Magistrate's judgment was found to be a near verbatim adoption of the applicants' submissions, lacking inde…
Source excerpt
- Extension Of Security Of Tenure Act
- Eviction Procedure
- Just And Equitable Test
- Municipal Housing Obligation
- Balancing Landowner And Occupier Rights