Goedverwaching Farm (Pty) Ltd v Roux and Others (LCC 129/2022)
Goedverwaching Farm (Pty) Ltd v Roux and Others (LCC 129/2022) [2023] ZALCC 20 (21 June 2023)
The court found that the respondents were not occupiers as defined by ESTA because their occupation was for commercial farming purposes, which is expressly excluded from ESTA's protection. The applicant's arguments raised a reasonable prospect that another court might reach a different conclusion regarding whether the respondents' activities constituted commercial farming or mere farming. Given the factual and legal disputes, the court determined that the applicant met the threshold for leave to appeal under section 17(1) of the Superior Courts Act. Accordingly, leave to appeal was granted to…
Source excerpt
- Extension Of Security Of Tenure Act
- Definition Of Occupier
- Jurisdiction Of Land Claims Court
- Leave To Appeal
- Commercial Farming Exclusion