South Africa Case Law

Cosmopolitan Projects Johannesburg (Pty) Ltd v Leoa and Others (LCC174/2016)

Cosmopolitan Projects Johannesburg (Pty) Ltd v Leoa and Others (LCC174/2016) [2019] ZALCC 1 (31 May 2019)

Court

Land Claims Court

Case number

LCC174/2016

Judge

Barnes AJ

The applicant failed to establish that the requirements of section 8 of ESTA were met. The termination of the respondents' right of residence was not lawful, just or equitable, as the respondents were not afforded procedural fairness or an opportunity to make representations before the decision was made. The settlement agreement and consent forms could not validly waive the respondents' statutory rights under ESTA. The notice relied upon by the applicant was insufficient and impermissibly conflated procedural steps. The applicant is not entitled to an eviction order, and the application must…

Source excerpt

• Extension Of Security Of Tenure Act
• Eviction Requirements
• Termination Of Right Of Residence
• Procedural Fairness
• Settlement Agreements
• Just And Equitable Standard

Cillie N.O and Others v Volmoer and Others (956/2013)

Cillie N.O and Others v Volmoer and Others (956/2013) [2016] ZALCC 5 (15 February 2016)

Court

Land Claims Court

Case number

956/2013

Judge

Baloyi AJ

On automatic review under ESTA, the Land Claims Court set aside an eviction order because no probation officer’s report was filed and alternative accommodation was not properly considered.

• Extension Of Security Of Tenure Act
• Eviction Requirements
• Probation Officer Report
• Alternative Accommodation
• Just And Equitable Eviction
• Esta-eviction

Kudus Kloof Trust v Teni and Others (LCC 61R/2008)

Kudus Kloof Trust v Teni and Others (LCC 61R/2008) [2010] ZALCC 18 (22 April 2010)

Court

Land Claims Court

Case number

LCC 61R/2008

Judge

N Saba

On automatic review under ESTA, the Land Claims Court set aside a magistrate’s eviction order for failing to meet the statute’s peremptory requirements.

• Extension Of Security Of Tenure Act
• Eviction Requirements
• Security Of Tenure
• Alternative Accommodation
• Magistrate Review
• Esta

Kriek v Buthelezi (LCC24/01)

Kriek v Buthelezi (LCC24/01) [2003] ZALCC 39 (26 September 2003)

Court

Land Claims Court

Case number

LCC24/01

Judge

J Moloto

The Land Claims Court held that the defendant was a labour tenant, granted an eviction order, allowed removal of structures and crops, and awarded wasted costs.

• Labour Tenant Definition
• Eviction Requirements
• Compensation On Eviction
• Mediation Attempts
• Extension Of Security Of Tenure Act
• Land Reform Labour Tenants Act