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Malelane Edms Bpk v Godfrey and Another (12323/07) [2007] ZAGPHC 250; [2008] 2 All SA 97 (T) (26 October 2007)
The High Court held that the respondents were occupiers under ESTA, so the court lacked jurisdiction. The eviction application was struck from the roll with costs.
Bosworth v Tradeprops 106 (Pty) Ltd (LCC13/07) [2007] ZALCC 8 (11 June 2007)
The Land Claims Court found that it had jurisdiction to hear the appeal because the proceedings involved the interpretation and application of ESTA. The respondent failed to prove that the property was land within a township as defined by law, and thus the presumption under section 2(2) of ESTA applied. The appellant's evidence regarding his income, though unsupported by documentation, was accepted as credible and below the prescribed threshold, qualifying him as an 'occupier'. The alleged illegality of permanent residence due to zoning restrictions did not negate the applicability of ESTA, a…
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