South Africa Case Law

Khumalo and Others v Duran Law and Another (LCC93/2023)

Khumalo and Others v Duran Law and Another (LCC93/2023) [2025] ZALCC 22 (20 May 2025)

Court

Land Claims Court

Case number

LCC93/2023

Judge

Flatela

The court found that the respondents unlawfully deprived the applicants of access to the 125-hectare grazing camp by removing the access gate and installing a fence without a court order. The evidence established that the gate existed prior to the applicants' arrival and was used for grazing and water access. The respondents' actions constituted self-help and spoliation, as they took the law into their own hands rather than seeking legal remedies. The applicants proved possession and unlawful deprivation, entitling them to restoration under the mandament van spolie. The court accepted the app…

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• Mandament Van Spolie
• Grazing Rights
• Extension Of Security Of Tenure Act
• Constructive Eviction
• Possession
• Self Help Remedy

Sebigi v Strauss (LANC161/2024; LANC161/2024B)

Sebigi v Strauss (LANC161/2024; LANC161/2024B) [2025] ZALCC 2 (15 January 2025)

Court

Land Claims Court

Case number

LANC161/2024; LANC161/2024B

Judge

Flatela

The Court found that the First Respondent's actions—removal of the roof, windows, and doors, disconnection of water and electricity, and installation of a disruptive alarm—constituted constructive eviction, violating the Applicant's rights under sections 5 and 6 of ESTA and section 26 of the Constitution. The evidence showed that the Applicant was an occupier entitled to ESTA protections and that the alternative accommodation offered was inadequate and undignified. The Court held that the Rental Housing Tribunal lacked jurisdiction over ESTA matters and its order for arrear rental was a nulli…

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• Extension Of Security Of Tenure Act
• Constructive Eviction
• Restoration Of Rights
• Urgent Eviction
• Suitable Alternative Accommodation
• Review Of Tribunal Decision

Simelane v De Villiers N.O. and Others (LCC 133/2022)

Simelane v De Villiers N.O. and Others (LCC 133/2022) [2022] ZALCC 33 (28 November 2022)

Court

Land Claims Court

Case number

LCC 133/2022

Judge

S J Cowen

The court found that the Trust's conduct in impounding the applicant's cattle did not comply with section 7(1) of ESTA. The Trust failed to provide proper notice before impounding, and the notice given was invalid as it demanded payment as a prerequisite for release, which is inconsistent with the statutory requirement to afford the occupier an opportunity to remove the animals. The Trust's justification for incurring significant costs and securing the cattle elsewhere was not reasonable or sufficiently substantiated. The court held that the impoundment was unlawful and that the applicant is…

Source excerpt

• Extension Of Security Of Tenure Act
• Impoundment Of Animals
• Urgent Interdict
• Constructive Eviction

Mahlangu and Another v Van der Merwe and Others (LCC: 142/2019)

Mahlangu and Another v Van der Merwe and Others (LCC: 142/2019) [2022] ZALCC 5 (3 February 2022)

Court

Land Claims Court

Case number

LCC: 142/2019

Judge

Cowen

The applicants are ESTA occupiers entitled to protection from eviction and to exercise tenure rights. However, they failed to plead and substantiate most of their claims with sufficient evidence, particularly regarding restoration of the grazing camp, deprivation of water, and harassment. The court found that the applicants are entitled to exercise their rights under sections 5 and 6 of ESTA, including the right to access electricity, and directed the respondents to engage meaningfully regarding electricity connection. Relief was refused on other prayers due to lack of evidence, but the appli…

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• Extension Of Security Of Tenure Act
• Tenure Rights
• Access To Electricity
• Meaningful Engagement
• Constructive Eviction
• Human Dignity

Khumalo and Others v Botha and Others (LCC 161/2020)

Khumalo and Others v Botha and Others (LCC 161/2020) [2021] ZALCC 3 (25 March 2021)

Court

Land Claims Court

Case number

LCC 161/2020

Judge

T M Ncube

The court held that the eviction, house demolition, cattle impoundment, and deprivation of land use on Dunbar farm were unlawful under ESTA.

• Extension Of Security Of Tenure Act
• Unlawful Eviction
• Right To Family Life
• Constructive Eviction
• Unlawful Demolition
• Impoundment Of Livestock

Senamela v Mokwana NO and Others (LCC05/2016)

Senamela v Mokwana NO and Others (LCC05/2016) [2019] ZALCC 8 (29 March 2019)

Court

Land Claims Court

Case number

LCC05/2016

Judge

Barnes

The Land Claims Court held that the plaintiff’s March 2013 departure from the farm was not voluntary, finding threats and intimidation by the defendants.

• Labour Tenant Definition
• Constructive Eviction
• Land Reform Labour Tenants Act
• Voluntary Vacation Of Land
• Burial Rights On Farm
• Labour-tenants

Khumalo and Another v Twin City Developers (Pty) Ltd and Others (328/2017)

Khumalo and Another v Twin City Developers (Pty) Ltd and Others (328/2017) [2017] ZASCA 143 (2 October 2017)

Court

Supreme Court of Appeal

Case number

328/2017

Judges

Tshiqi, Saldulker, Swain, Mathopo, Molemela

The Supreme Court of Appeal held that the Land Claims Court failed to exercise its discretion judicially in awarding adverse costs, including costs for two counsel, against the appellants, who are vulnerable farm dwellers litigating under ESTA. The court found that the Land Claims Court did not provide reasons for the costs order nor consider the established practice of not awarding costs in social interest litigation except in exceptional circumstances. The court emphasised that adverse costs orders in such cases have a chilling effect on access to justice and contradict the purpose of prote…

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• Extension Of Security Of Tenure Act
• Costs Awards
• Constructive Eviction
• Judicial Discretion
• Public Interest Litigation
• Constitutional Rights

Umcebo Properties (Pty) Ltd and Another v Masango and Others (LCC175/2014)

Umcebo Properties (Pty) Ltd and Another v Masango and Others (LCC175/2014) [2016] ZALCC 3 (10 March 2016)

Court

Land Claims Court

Case number

LCC175/2014

Judge

Baloyi AJ

The court enforced livestock limits against an occupier, holding that the demand to reduce cattle and goats did not amount to an eviction under ESTA.

• Extension Of Security Of Tenure Act
• Occupier Rights
• Interdict
• Impoundment Of Livestock
• Constructive Eviction
• Extension-of-security-of-tenure-act

Makhaza v FCL Farming CC and Another (LCC 59/2009)

Makhaza v FCL Farming CC and Another (LCC 59/2009) [2010] ZALCC 20 (7 June 2010)

Court

Land Claims Court

Case number

LCC 59/2009

Judge

Meer

The Land Claims Court set aside two Bergville Magistrate’s Court judgments after finding the magistrate should have transferred the labour-tenancy dispute to it.

• Labour Tenancy
• Jurisdiction Of Magistrates Court
• Default Judgment
• Rescission Of Judgment
• Constructive Eviction
• Labour-tenancy