South Africa Case Law

Maluleke N.O. v Sibanyoni and Others (1012/2020)

Maluleke N.O. v Sibanyoni and Others (1012/2020) [2022] ZASCA 40 (4 April 2022)

Court

Supreme Court of Appeal

Case number

1012/2020

Judges

Mocumie, Molemela, Carelse, Musi, Smith

The Supreme Court of Appeal held that the Trust failed to provide Mr Sibanyoni with an effective opportunity to make representations before terminating his right of residence, as required by section 8(1)(e) of ESTA. The Trust's claims of hardship were unsupported by evidence, and the alternative accommodation proposed was unsuitable given Mr Sibanyoni's livestock. The procedural fairness requirement is not satisfied by allowing representations only before the court; it must occur before the termination decision. The comparative hardship to Mr Sibanyoni and his family far outweighed any hardsh…

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• Extension Of Security Of Tenure Act
• Just And Equitable Eviction
• Procedural Fairness
• Right Of Residence Termination
• Comparative Hardship
• Alternative Accommodation

Barnard v September and Others (LCC71R/2016)

Barnard v September and Others (LCC71R/2016) [2017] ZALCC 16 (7 March 2017)

Court

Land Claims Court

Case number

LCC71R/2016

Judges

Y S Meer, Poswa-Lerotholi

The court held that ESTA, not PIE, governed the eviction dispute and dismissed the appeal because the lease and termination were not just and equitable.

• Extension Of Security Of Tenure Act
• Eviction Proceedings
• Just And Equitable Termination
• Comparative Hardship
• Waiver Of Rights
• Extension-of-security-of-tenure-act

Land & Landbouontwikkelingsbank van Suid Afrika v Conradie (452/2003)

Land & Landbouontwikkelingsbank van Suid Afrika v Conradie (452/2003) [2005] ZASCA 15; [2005] 4 All SA 509 (SCA); 2005 (4) SA 506 (SCA) (24 March 2005)

Court

Supreme Court of Appeal

Case number

452/03

Judges

MPATI, ZULMAN, STREICHER, LEWIS, VAN HEERDEN

The Supreme Court of Appeal held that the Land Claims Court erred in its broad interpretation of s 8(1) and s 24 of the Extension of Security of Tenure Act. The correct approach requires consideration of all relevant factors listed in s 8(1), including comparative hardship and the fairness of procedures, rather than a blanket exclusion of the owner's interests when the reason for termination is sale of the property. The appellant made sufficient averments covering all statutory factors, and the respondent did not contest these substantively. The appeal, though moot between the parties due to…

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• Extension Of Security Of Tenure Act
• Just And Equitable Eviction
• Termination Of Right Of Residence
• Automatic Review
• Comparative Hardship

Rashavha v Van Rensburg (439/2002)

Rashavha v Van Rensburg (439/2002) [2003] ZASCA 132; [2004] 1 All SA 168 (SCA); 2004 (2) SA 421 (SCA) (28 November 2003)

Court

Supreme Court of Appeal

Case number

439/2002

Judges

Mpati, Mthiyane, Brand, Lewis, Mlambo

The Supreme Court of Appeal refused condonation for the late filing of the appeal, finding the delay inexcusable and the explanations provided by the appellant's legal representatives unacceptable. However, the court considered the appellant's personal circumstances and did not refuse condonation solely due to her attorneys' negligence. Ultimately, condonation was denied because the appellant had no reasonable prospect of success on appeal. The court held that section 8(4) of the Extension of Security of Tenure Act did not apply, as the appellant was not 60 years old at the relevant time and…

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• Extension Of Security Of Tenure Act
• Eviction
• Condonation
• Comparative Hardship
• Just And Equitable
• Land Tenure Reform

Theewaterskloof Holdings (Pty) Ltd Glaser Division v Stevens and Another (LCC 84R/01)

Theewaterskloof Holdings (Pty) Ltd Glaser Division v Stevens and Another (LCC 84R/01) [2002] ZALCC 64 (16 January 2002)

Court

Land Claims Court

Case number

LCC 84R/01

Judge

F Bam

Automatic review under ESTA succeeded: the Land Claims Court set aside an eviction order for failure to prove termination, notice, and section 10 compliance.

• Extension Of Security Of Tenure Act
• Eviction Procedure
• Termination Of Right Of Residence
• Alternative Accommodation
• Comparative Hardship
• Extension-of-security-of-tenure-act