South Africa Case Law

Nimble Investments (Pty) Ltd v Johanna Malan and Others (556/2020)

Nimble Investments (Pty) Ltd v Johanna Malan and Others (556/2020) [2021] ZASCA 129; [2021] 4 All SA 672 (SCA); 2022 (4) SA 554 (SCA) (30 September 2021)

Court

Supreme Court of Appeal

Case number

556/2020

Judges

Dambuza, Schippers, Mbatha, Carelse, Eksteen

The Supreme Court of Appeal found that the respondents, led by the first respondent, committed a fundamental breach of the relationship with the owner by unlawfully removing building materials from Cottage 1 and erecting an illegal structure on the farm, despite explicit objections and police intervention. This conduct destroyed the mutual trust and respect necessary for continued occupation and rendered the relationship irreparable. The court held that, in such circumstances, procedural fairness under s 8(1)(e) of ESTA—specifically the opportunity to make representations—was not required, as…

Source excerpt

• Extension Of Security Of Tenure Act
• Eviction Procedure
• Fundamental Breach Of Relationship
• Procedural Fairness
• Municipal Obligations
• Alternative Accommodation

Pietersen v Rainbow Farms (Pty) Ltd (LCC08/2014)

Pietersen v Rainbow Farms (Pty) Ltd (LCC08/2014) [2014] ZALCC 6 (24 April 2014)

Court

Land Claims Court

Case number

LCC08/2014

Judges

M P Canca, M Mpshe

The Land Claims Court dismissed an appeal against eviction under ESTA, holding the appellant failed to prove admissible medical evidence of permanent incapacity.

• Extension Of Security Of Tenure Act
• Eviction
• Occupier Status
• Medical Evidence Admissibility
• Fundamental Breach Of Relationship
• Esta

Snyman and Others v Sehemo and Others (LCC 57R/2010)

Snyman and Others v Sehemo and Others (LCC 57R/2010) [2011] ZALCC 5 (24 February 2011)

Court

Land Claims Court

Case number

LCC 57R/2010

Judge

C. E. Loots

On automatic review, the Land Claims Court set aside an ESTA eviction order because the evidence did not prove a fundamental breach of the relationship.

• Extension Of Security Of Tenure Act
• Eviction Proceedings
• Fundamental Breach Of Relationship
• Just And Equitable Eviction
• Termination Of Right Of Residence
• Extension-of-security-of-tenure-act