South Africa Case Law

Greyling and Others v Nkosi and Others (LCC45/05)

Greyling and Others v Nkosi and Others (LCC45/05) [2009] ZALCC 16 (26 November 2009)

Court

Land Claims Court

Case number

LCC45/05

Judge

Pienaar AJ

The court found that all Respondents are labour tenants as defined by the Labour Tenant Act, based on their residence, historical provision of labour, and family succession. Section 16 applications were deemed pending, as claims had been lodged and subsequently published, despite departmental delay. However, the Respondents' refusal to render labour, aggressive conduct, and effective takeover of the farm constituted special circumstances justifying eviction under section 14. The Applicants complied with all formal notice requirements, and the return of service was accepted as proof of proper…

Source excerpt

• Labour Tenant Eviction
• Special Circumstances
• Section 16 Application
• Notice Requirements
• Succession Of Labour Tenant Rights
• Departmental Delay

Greyling and Others v Nkosi and Others (LCC45/05)

Greyling and Others v Nkosi and Others (LCC45/05) [2008] ZALCC 14 (26 November 2008)

Court

Land Claims Court

Case number

LCC45/05

Judge

Pienaar AJ

The Land Claims Court found the respondents were labour tenants, but still granted eviction because special circumstances justified it under section 14.

• Labour Tenant Eviction
• Special Circumstances
• Section 16 Application
• Notice Requirements
• Succession Of Labour Tenant Rights
• Departmental Delay