South Africa Case Law

Boplaas Landgoed 1743 (Pty) Ltd and Another v van der Hanse and Others (LCC47/2023 ; LCC48/2023)

Boplaas Landgoed 1743 (Pty) Ltd and Another v van der Hanse and Others (LCC47/2023 ; LCC48/2023) [2024] ZALCC 5 (29 January 2024)

Court

Land Claims Court

Case number

LCC47/2023 ; LCC48/2023

Judges

Y S Meer, B Spilg

Appeal in an ESTA eviction matter upheld. The Land Claims Court ordered eviction, but linked it to phased municipal alternative accommodation and emergency housing.

• Eviction Under Esta
• Just And Equitable Eviction
• Alternative Accommodation
• Municipal Housing Obligation
• Termination Of Right Of Residence
• Esta-eviction

Du Plessis and Another v Ross and Others (LCC257/2017)

Du Plessis and Another v Ross and Others (LCC257/2017) [2020] ZALCC 20 (31 August 2020)

Court

Land Claims Court

Case number

LCC257/2017

Judge

S J Cowen

The Land Claims Court dismissed an application for leave to appeal against an ESTA eviction order, finding no reasonable prospects of success.

• Eviction Under Esta
• Just And Equitable Termination
• Leave To Appeal Standard
• Constitutional Rights Of Rural Women
• Section 10 Esta
• Prospects Of Success

Louwsrivier Plase (Pty) Ltd and Another v Van der Vendt and Others; In Re: Van der Vendt and Another v Louwsrivier Plase (Pty) Ltd and Others (LCC105/2011)

Louwsrivier Plase (Pty) Ltd and Another v Van der Vendt and Others; In Re: Van der Vendt and Another v Louwsrivier Plase (Pty) Ltd and Others (LCC105/2011) [2020] ZALCC 6 (23 June 2020)

Court

Land Claims Court

Case number

LCC105/2011

Judge

E Bertelsmann

The Land Claims Court dismissed a late application for leave to appeal because it was filed out of time, with no condonation request or explanation for the delay.

• Eviction Under Esta
• Leave To Appeal
• Condonation For Late Filing
• Leave-to-appeal
• Condonation-for-late-filing
• Esta-eviction

Nederburg Wines Proprietary Limited v Nero and Others (LCC102/2014)

Nederburg Wines Proprietary Limited v Nero and Others (LCC102/2014) [2017] ZALCC 14 (13 July 2017)

Court

Land Claims Court

Case number

LCC102/2014

Judge

Ngcukaitobi

The court held that the applicant failed to establish a fundamental breach of the relationship between landowner and occupier as required by section 10(1)(c) of ESTA. The evidence presented, namely a single instance of the first respondent being under the influence of alcohol while on duty, was insufficient to justify eviction. Allegations against the other respondents were vague and unsupported, and no specific case was made against them. The applicant also failed to provide evidence of serious prejudice to its business operations as required by section 10(3) of ESTA. The court found that th…

Source excerpt

• Eviction Under Esta
• Fundamental Breach
• Onus Of Proof
• Right Of Residence
• Prejudice Requirement

Wilgerweg Trust v Ockhuis (LCC 23R/2016)

Wilgerweg Trust v Ockhuis (LCC 23R/2016) [2016] ZALCC 10 (19 April 2016)

Court

Land Claims Court

Case number

LCC 23R/2016

Judge

Yacoob AJ

Automatic review of an ESTA eviction order was confirmed, but the court condemned false sworn evidence about ownership and referred the matter for investigation.

• Eviction Under Esta
• Locus Standi
• Misrepresentation Under Oath
• Person In Charge
• Contempt Of Court
• Esta-eviction