South Africa Case Law

Hendricks and Another v Darmane Investments (Pty) Ltd and Another (A362/2018)

Hendricks and Another v Darmane Investments (Pty) Ltd and Another (A362/2018) [2019] ZAWCHC 137 (30 August 2019)

Court

Western Cape High Court, Cape Town

Case number

A362/2018

Judges

Bozalek, Wille, Samela

The court found that the appellants' occupation of the cottage was pursuant to a precarium granted for an indefinite period, and that the first respondent failed to provide reasonable notice of termination. The only letter that could be construed as notice was dated 4 April 2017, giving the appellants just over three weeks to vacate, which was held to be unreasonable given the appellants' long-term residence, family circumstances, and lack of pressing need for the property by the respondent. The constitutional rights to dignity and housing further required a just and equitable approach. The r…

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• Prevention Of Illegal Eviction Act
• Precarium Termination
• Notice Period Reasonableness
• Right To Housing
• Just And Equitable Eviction
• Constitutional Rights Of Occupiers

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…

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• Extension Of Security Of Tenure Act
• Eviction
• Consent To Reside
• Just And Equitable Eviction
• Section 8 Factors
• Constitutional Rights Of Occupiers

Yarona Game & Guest Farms (Pty) Ltd v Mashinini and Others (LCC 30R/2017)

Yarona Game & Guest Farms (Pty) Ltd v Mashinini and Others (LCC 30R/2017) [2017] ZALCC 31 (30 November 2017)

Court

Land Claims Court

Case number

LCC 30R/2017

Judge

Y S Meer

The court found that the Respondents' rights of residence did not arise solely from employment but from long-standing consent, as evidenced by continuous and open residence on the farm for decades. The Applicant failed to rebut the presumption of consent and did not comply with the procedural fairness requirements of ESTA, specifically by not affording the Respondents an effective opportunity to make representations prior to termination. The allegations of misconduct were unproven and general. The hardship to the Respondents, who would be deprived of their only home without alternative accomm…

Source excerpt

• Extension Of Security Of Tenure Act
• Eviction Proceedings
• Termination Of Right Of Residence
• Procedural Fairness
• Consent To Occupy
• Constitutional Rights Of Occupiers

Occupiers of Erven 87 & 88 Berea v Frederick N.O and Another (2013/24254)

Occupiers of Erven 87 & 88 Berea v Frederick N.O and Another (2013/24254) [2016] ZAGPJHC 211 (5 February 2016)

Court

South Gauteng High Court, Johannesburg

Case number

2013/24254

Judge

L Adams

The High Court dismissed an application for leave to appeal against refusal of rescission of an eviction order, finding no reasonable prospect of a different outcome.

• Eviction Proceedings
• Rescission Of Judgment
• Waiver Of Rights
• Emergency Housing
• Constitutional Rights Of Occupiers
• Eviction-proceedings