South Africa Case Law

Drumearn (Pty) Ltd and Others v C P and Others (11/2020)

Drumearn (Pty) Ltd and Others v C P and Others (11/2020) [2020] ZALCC 21 (9 July 2020)

Court

Land Claims Court

Case number

11/2020

Judges

Canca, Molefe

The court found that Mrs. P is a protected occupier in her own right under section 8(4) of ESTA, having resided on the farm for approximately 19 years and previously been employed there. The appellants erred by serving notice under section 8(5), which applies only to spouses or dependants of deceased long-term occupiers, not to protected occupiers in their own right. The conduct alleged by the appellants, including Mrs. P's refusal to relocate and her uncooperative attitude, did not amount to a fundamental breach of the relationship as envisaged by section 10(1)(c). The procedure followed by…

Source excerpt

• Extension Of Security Of Tenure Act
• Protected Occupier Status
• Eviction Procedure
• Fundamental Breach
• Notice Requirements

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

Mpedi and Others v Swanevelder and Another (421/02)

Mpedi and Others v Swanevelder and Another (421/02) [2003] ZASCA 131; 2004 (4) SA 344 (SCA) (28 November 2003)

Court

Supreme Court of Appeal

Case number

421/02

Judges

MPATI, STREICHER, NAVSA, HEHER, MOTATA

The appeal concerned eviction under ESTA after dismissal of a farm worker and whether his spouse and children could remain.

• Extension Of Security Of Tenure Act
• Eviction Procedure
• Right Of Residence
• Fundamental Breach
• Proof Of Age
• Extension-of-security-of-tenure-act

Elgin Brown & Hamer (Pty) Ltd. v Industrial Machinery Suppliers (Pty) Ltd. (272/92)

Elgin Brown & Hamer (Pty) Ltd. v Industrial Machinery Suppliers (Pty) Ltd. (272/92) [1993] ZASCA 55; 1993 (3) SA 424 (AD); (1 April 1993)

Court

Supreme Court of Appeal

Case number

272/92

Judges

Hoexter, Smalberger, F H Grosskopf, Van Coller, Kriegler

The court held that a wide exemption clause barred a claim for damages arising from negligent or defective workmanship, and upheld the exception.

• Contractual Exemption Clauses
• Fundamental Breach
• Malperformance
• Striking Out Of Pleadings
• Contractual-exemption-clauses
• Fundamental-breach