Simelane v De Villiers N.O. and Others (LCC 133/2022)
Simelane v De Villiers N.O. and Others (LCC 133/2022) [2022] ZALCC 33 (28 November 2022)
The court found that the Trust's conduct in impounding the applicant's cattle did not comply with section 7(1) of ESTA. The Trust failed to provide proper notice before impounding, and the notice given was invalid as it demanded payment as a prerequisite for release, which is inconsistent with the statutory requirement to afford the occupier an opportunity to remove the animals. The Trust's justification for incurring significant costs and securing the cattle elsewhere was not reasonable or sufficiently substantiated. The court held that the impoundment was unlawful and that the applicant is…
Source excerpt
- Extension Of Security Of Tenure Act
- Impoundment Of Animals
- Urgent Interdict
- Constructive Eviction