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South Africa Case Law

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Land And Property [2022] ZALCC 38

Boplaas Landgoed (PTY) Ltd and Another v Jonkies and Others (LCC 37/2022)

Boplaas Landgoed (PTY) Ltd and Another v Jonkies and Others (LCC 37/2022) [2022] ZALCC 38 (15 August 2022)

Court
Land Claims Court
Case number
LCC 37/2022
Judges
Y S Meer, S J Cowen

The court held that under settled law, relocation in terms of ESTA is limited to movement from one housing unit to another on the same farm. Removal off the land, as sought by the appellants, constitutes an eviction. The judicial interpretation of 'eviction' under ESTA, confirmed by the Supreme Court of Appeal, confines eviction to removal from the land, not from one dwelling to another. The court rejected the appellants' argument to develop the common law or statutory definition of eviction to allow for relocation off the land in circumstances where occupiers have been allocated alternative…

Source excerpt

  • Extension Of Security Of Tenure Act
  • Long Term Occupier Rights
  • Eviction Definition
  • Statutory Interpretation
  • Security Of Tenure
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Land And Property [2007] ZASCA 63

Chagi v Singisi Forest Products (227/2006_)

Chagi v Singisi Forest Products (227/2006_) [2007] ZASCA 63; 2007 (5) SA 513 (SCA) (29 May 2007)

Court
Supreme Court of Appeal
Case number
227/2006
Judges
Harms, Lewis, Van Heerden, Jafta, Musi

The Supreme Court of Appeal held that the meaning of 'land' in the Extension of Security of Tenure Act 62 of 1997 refers to the registered land unit as a whole, not to a specific dwelling or portion thereof. The Act protects the right of residence on the registered land, and the procedural safeguards for eviction apply only when an occupier is deprived of residence on the entire registered unit. The relocation of the appellants from one set of houses to another on the same registered land does not constitute an eviction under the Act. The court found that the statutory language does not suppo…

Source excerpt

  • Extension Of Security Of Tenure Act
  • Eviction Definition
  • Right Of Residence
  • Statutory Interpretation
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Land And Property [2002] ZAECHC 22

Margre Property Holdings CC v Jewula (546/2002)

Margre Property Holdings CC v Jewula (546/2002) [2002] ZAECHC 22; [2005] 2 All SA 119 (E) (29 August 2002)

Court
High Courts - Eastern Cape
Case number
546/2002
Judge
J.D. Pickering

The court found that the relief sought by the applicant, namely limiting the respondent's livestock to 80 units as per the written agreement, does not constitute an eviction under the Tenure Act. The right to use land for grazing is not an automatic adjunct to the right of residence and requires the owner's consent. The agreement was entered into voluntarily, with respondent assisted by advisers and the terms clearly explained. Respondent's claims of duress and lack of understanding were found to be untenable and unsupported by the evidence. The respondent's continued breach of the agreement…

Source excerpt

  • Extension Of Security Of Tenure Act
  • Specific Performance
  • Eviction Definition
  • Duress And Undue Influence
  • Contractual Interpretation
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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.