South Africa Case Law

Hattingh and Others v Juta (CCT 50/12)

Hattingh and Others v Juta (CCT 50/12) [2013] ZACC 5; 2013 (3) SA 275 (CC); 2013 (5) BCLR 509 (CC) (14 March 2013)

Court

Constitutional Court

Case number

CCT 50/12

Judges

Zondo, Mogoeng, Moseneke, Cameron, Froneman, Jafta, Nkabinde, Skweyiya, Van der Westhuizen, Yacoob

The Constitutional Court held that section 6(2)(d) of ESTA does not restrict the right to family life to the nuclear family. The term 'family' includes adult children and extended family members, but the right is not absolute and must be balanced with the rights of the landowner. The Court found that, in this case, the applicants had no independent right to reside on the property and their continued occupation would be unjust and inequitable to the landowner, given the owner's need to accommodate his farm manager and the applicants' own admission that they sought alternative accommodation. Th…

Source excerpt

• Extension Of Security Of Tenure Act
• Right To Family Life
• Just And Equitable Eviction
• Balancing Of Rights
• Housing Backlog
• Constitutional Interpretation