South Africa Case Law

Mereki and Others v Moladora Trust and Another (CCT 121/24)

Mereki and Others v Moladora Trust and Another (CCT 121/24) [2025] ZACC 16 (1 August 2025)

Court

Constitutional Court

Case number

CCT 121/24

Judges

Madlanga ADCJ, Dambuza AJ, Goosen AJ, Kollapen J, Majiedt J, Opperman AJ, Rogers J, Theron J, Tshiqi J

The Constitutional Court held that the applicants, as ESTA occupiers, had a right to graze cattle on the farm based on tacit consent, which was protected under ESTA. The Court found that the Trust failed to rebut the statutory presumption of consent triggered by the applicants' uninterrupted residence and use of the land. The termination of grazing rights constituted a deprivation of land use and required compliance with section 8 of ESTA. The Trust's reliance on common law termination was unlawful, as ESTA's procedural safeguards applied to both residence and associated land uses such as gra…

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• Extension Of Security Of Tenure Act
• Tacit Consent
• Termination Of Land Rights
• Eviction Procedure
• Constitutional Interpretation
• Presumption Of Consent

Basfour 3327 (Pty) Ltd v Thwala and Others (1008/2023)

Basfour 3327 (Pty) Ltd v Thwala and Others (1008/2023) [2025] ZASCA 105 (18 July 2025)

Court

Supreme Court of Appeal

Case number

1008/2023

Judges

Makgoka, Kgoele, Unterhalter

The Supreme Court of Appeal held that the respondents unlawfully erected a new brick foundation and structure on the appellant's farm without prior engagement or consent, contrary to the requirements of meaningful engagement under the Extension of Security of Tenure Act and the principles established in Daniels v Scribante. The court found that the Land Claims Court erred by treating the application as solely dependent on contempt of court and by failing to consider the declaratory, prohibitory, and demolition relief as independent issues. The respondents' lack of engagement with the appellan…

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• Extension Of Security Of Tenure Act
• Meaningful Engagement
• Unlawful Erection Of Structures
• Property Rights
• Demolition Orders

Khumalo and Others v Duran Law and Another (LCC93/2023)

Khumalo and Others v Duran Law and Another (LCC93/2023) [2025] ZALCC 22 (20 May 2025)

Court

Land Claims Court

Case number

LCC93/2023

Judge

Flatela

The court found that the respondents unlawfully deprived the applicants of access to the 125-hectare grazing camp by removing the access gate and installing a fence without a court order. The evidence established that the gate existed prior to the applicants' arrival and was used for grazing and water access. The respondents' actions constituted self-help and spoliation, as they took the law into their own hands rather than seeking legal remedies. The applicants proved possession and unlawful deprivation, entitling them to restoration under the mandament van spolie. The court accepted the app…

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• Mandament Van Spolie
• Grazing Rights
• Extension Of Security Of Tenure Act
• Constructive Eviction
• Possession
• Self Help Remedy

Pieters and Another v Stemmet and Another (079/2024)

Pieters and Another v Stemmet and Another (079/2024) [2025] ZASCA 60; [2025] 3 All SA 304 (SCA) (14 May 2025)

Court

Supreme Court of Appeal

Case number

079/2024

Judges

Meyer, Matojane, Unterhalter, Keightley, Windell

The Supreme Court of Appeal held that the property, although situated within a township, is designated for agricultural purposes by virtue of its 'rural' zoning under the City of Cape Town's Development Management Scheme. This designation brings the property within the ambit of ESTA, as contemplated by section 2(1)(a) of the Act. The Court rejected the Land Claims Court's distinction between 'rural' and 'agricultural' zoning, finding it artificial and unsupported by the relevant planning instruments. The appellants, having resided on the property with the respondents' knowledge and consent si…

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• Extension Of Security Of Tenure Act
• Land Zoning
• Eviction
• Constitutional Right To Housing

Botha and Another v Coetzee and Others (4847/2023)

Botha and Another v Coetzee and Others (4847/2023) [2025] ZAGPPHC 380 (13 April 2025)

Court

North Gauteng High Court, Pretoria

Case number

4847/2023

Judge

Matsemela

The court found that the First and Second Respondents are unlawful occupiers as defined by the PIE Act, having no consent or legal right to occupy the property following the liquidation of the company that owned it. The Applicants, as duly appointed liquidators, have locus standi to bring the eviction application. The Respondents' reliance on the Extension of Security of Tenure Act was misplaced, as the property is urban and the Respondents do not meet the statutory criteria. The Respondents failed to present any valid defence or circumstances warranting continued occupation. The court held t…

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• Prevention Of Illegal Eviction Act
• Unlawful Occupation
• Locus Standi
• Liquidation
• Extension Of Security Of Tenure Act

Stephen v Asnath and Others (LCC 119/2024)

Stephen v Asnath and Others (LCC 119/2024) [2025] ZALCC 17 (10 April 2025)

Court

Land Claims Court

Case number

LCC 119/2024

Judge

Ncube

The court granted an eviction under ESTA, dismissing points in limine and finding the occupier fell outside ESTA protection due to income.

• Extension Of Security Of Tenure Act
• Eviction
• Notice Of Termination
• Alternative Accommodation
• Compensation For Improvements
• Esta

Appollis and Another and Breede Valley Municipality and Others (09986/2025)

Appollis and Another and Breede Valley Municipality and Others (09986/2025) [2025] ZAWCHC 138 (24 March 2025)

Court

Western Cape High Court, Cape Town

Case number

09986/2025

Judge

Slingers

The court dismissed a rescission counterapplication, found the municipality failed to protect alternative accommodation land, and ordered it to provide suitable vacant land within 30 days.

• Prevention Of Illegal Eviction Act
• Extension Of Security Of Tenure Act
• Municipal Obligations
• Urgent Interdict
• Rescission Of Order
• Constitutional Right To Housing

Burger and Others v Schrader and Others (LANC01R/2025)

Burger and Others v Schrader and Others (LANC01R/2025) [2025] ZALCC 14 (20 March 2025)

Court

Land Claims Court

Case number

LANC01R/2025

Judge

Ntshalintshali MC

Automatic review of an ESTA eviction order. The Land Claims Court confirmed the eviction in part, found section 11 applied, and ordered municipal emergency housing.

• Extension Of Security Of Tenure Act
• Eviction Procedure
• Right To Family Life
• Just And Equitable Termination
• Municipal Housing Obligation
• Constitutional Right To Housing

VRFT Properties CC and Another v Floris and Others (LANC02R/2025)

VRFT Properties CC and Another v Floris and Others (LANC02R/2025) [2025] ZALCC 15 (14 March 2025)

Court

Land Claims Court

Case number

LANC02R/2025

Judge

Flatela

The Land Claims Court found that the Magistrate's Court erred in applying section 11 of ESTA to the respondents, who had occupied the farm since before 4 February 1997, making section 10 applicable. The Magistrate failed to resolve factual disputes regarding the respondents' residence and did not properly apply the Plascon-Evans principle. The applicants did not make a genuine effort to secure suitable alternative accommodation, and the probation officer's report was not adequately considered. The eviction would result in homelessness, and meaningful engagement and mediation were not sufficie…

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• Extension Of Security Of Tenure Act
• Eviction Proceedings
• Just And Equitable Standard
• Meaningful Engagement
• Alternative Accommodation
• Constitutional Right To Housing

Dreyer and Dreyer CC v N.J.M and Others (03R/2025)

Dreyer and Dreyer CC v N.J.M and Others (03R/2025) [2025] ZALCC 13 (14 March 2025)

Court

Land Claims Court

Case number

03R/2025

Judge

Tebeile S.S.

The Land Claims Court found that the Magistrate's Court erred in accepting the Applicant's argument that the First Respondent's right of residence was solely linked to his employment. The evidence, including the probation officer's report, established that the First Respondent had resided on the farm since 1993, predating the employment relationship and thus falling under section 10 of the Extension of Security of Tenure Act. The Magistrate's Court failed to properly consider the probation officer's report, which highlighted the lack of suitable alternative accommodation and the risk of homel…

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• Extension Of Security Of Tenure Act
• Eviction Proceedings
• Right To Adequate Housing
• Children Rights
• Just And Equitable Eviction
• Termination Of Right Of Residence