Pieters, J and Another v Stemmett, SC and Another (LCC 2022/139)
Pieters, J and Another v Stemmett, SC and Another (LCC 2022/139) [2023] ZALCC 4; [2023] 2 All SA 234 (LCC) (3 February 2023)
The court held that the property in question forms part of a township as defined by the Land Survey Act and relevant municipal planning laws, supported by the existence of a registered general plan and municipal control of public roads. The zoning of the property as 'Rural' does not equate to designation for agricultural purposes under ESTA, as rural zoning allows for both residential and agricultural use, but the property has always been used as a residential home and rated as such by the municipality. The factual evidence overwhelmingly shows no agricultural activity or designation. Therefo…
Source excerpt
- Extension Of Security Of Tenure Act
- Statutory Interpretation
- Municipal Zoning
- Eviction Proceedings
- Designation For Agricultural Purposes
- Township Definition