Mtshali v Bencor Eiendoms (Pty) Ltd and Another (LCC39/2024)
Mtshali v Bencor Eiendoms (Pty) Ltd and Another (LCC39/2024) [2024] ZALCC 24 (18 July 2024)
The applicant does not reside on Lowlands Farm but at Roode Poort Spruyt, where he has established a permanent homestead. Therefore, he is not an occupier of Lowlands Farm under ESTA and is not entitled to protection as such. Even if he were an occupier, the right to graze livestock on another's land is a personal right dependent on the owner's consent, which was withdrawn and not renewed. The applicant failed to prove entitlement to the relief sought.
Source excerpt
- Extension Of Security Of Tenure Act
- Occupier Definition
- Grazing Rights
- Personal Rights
- Consent To Graze