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South Africa Case Law

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Land And Property [2019] ZALCC 6

Motyre (Pty) Ltd - Conradie Family Trust v Gurah and Others (01R2019, 4334/2016)

Motyre (Pty) Ltd - Conradie Family Trust v Gurah and Others (01R2019, 4334/2016) [2019] ZALCC 6 (29 January 2019)

Court
Land Claims Court
Case number
01R2019
Judge
Y S Meer

The court found that both the First and Second Respondents' rights of residence were based on consent rather than employment. The founding affidavit addressed the factors required by Section 8(1) of the Extension of Security of Tenure Act. The Constitutional Court's decision in Klaase v Van der Merwe clarified that persons like the Second Respondent have independent rights of residence derived from consent, and Section 8(1) applies to them. After considering all evidence and pleadings, the court was satisfied that the eviction was just and equitable, having regard to all relevant statutory fa…

Source excerpt

  • Extension Of Security Of Tenure Act
  • Eviction
  • Consent To Reside
  • Just And Equitable Eviction
  • Section 8 Factors
  • Constitutional Rights Of Occupiers
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Land And Property [2018] ZALCC 24

Goedverdiend Plase Pty Ltd v Andrews and Another (LCC232/2017)

Goedverdiend Plase Pty Ltd v Andrews and Another (LCC232/2017) [2018] ZALCC 24 (15 June 2018)

Court
Land Claims Court
Case number
LCC232/2017
Judges
YS Meer, S Potterill

The court found that the Second Respondent and her children are occupiers under ESTA, with rights of residence stemming from statutory consent, not merely from the First Respondent's employment contract or the housing agreement. The Constitutional Court's decision in Klaase is binding and establishes that spouses and children who have resided openly and continuously on the land are occupiers in their own right. The principle of pacta sunt servanda does not override statutory rights under ESTA, which are protected by the Constitution. The termination of the Second Respondent's residence was no…

Source excerpt

  • Extension Of Security Of Tenure Act
  • Just And Equitable Eviction
  • Right To Family Life
  • Termination Of Occupancy
  • Consent To Reside
  • Pacta Sunt Servanda Limitations
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.