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South Africa decisions
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Burger and Others v Schrader and Others (LANC01R/2025) [2025] ZALCC 14 (20 March 2025)
Automatic review of an ESTA eviction order. The Land Claims Court confirmed the eviction in part, found section 11 applied, and ordered municipal emergency housing.
Rheeder and Another v Engelbrecht and Another (LCC09R2024) [2024] ZALCC 28 (5 September 2024)
The Magistrate's order for eviction was set aside because the applicants failed to comply with the mandatory two-stage procedure under ESTA. The notice served on the respondents combined termination of residence and notice of intention to evict, which is impermissible. The Magistrate did not address the substantive and procedural fairness required by section 8, nor did he properly consider compliance with section 11 regarding the just and equitable nature of eviction. The respondents conceded unlawful occupation but raised valid concerns about notice and homelessness. The court held that the…
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Gruft N.O and Others v Muller and Others (LCC33R/2023) [2024] ZALCC 4 (25 January 2024)
The court confirmed the eviction of the First Respondent as his right of residence was lawfully terminated following his dismissal for gross misconduct, which was confirmed by the CCMA and complied with the requirements of ESTA. However, the Second to Fourth Respondents had resided on the farm continuously since 2007 with the Applicants' knowledge, making them occupiers in their own right under ESTA. Their rights of residence were not individually terminated in accordance with section 8(1) of ESTA, nor were the relevant factors considered. The notices relied upon by the Applicants failed to a…
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Pepler N.O and Others v Lombaard and Others (LCC 113/2020) [2024] ZALCC 1 (22 January 2024)
The Land Claims Court granted an ESTA eviction against occupiers of Cottage 7, finding the termination of residence rights fair and just and equitable.
Visser and Another v Marthinus and Others (LCC 178/2022) [2023] ZALCC 10 (10 April 2023)
Land Claims Court appeal granting eviction under ESTA after finding the occupiers’ continued residence unjust and equitable.
Du Plessis and Another v Ross and Others (LCC257/2017) [2020] ZALCC 20 (31 August 2020)
The Land Claims Court dismissed an application for leave to appeal against an ESTA eviction order, finding no reasonable prospects of success.
Timothy v Sibanyoni and Others (LCC 2018/59) [2020] ZALCC 8 (5 August 2020)
The Land Claims Court dismissed an eviction application under ESTA, finding the respondent had longstanding occupier rights and that termination of residence was not just and equitable.
Du Plessis and Another v Ross and Others (LCC257/2017) [2020] ZALCC 30 (26 May 2020)
The court granted an ESTA eviction, found Mrs Ross was an occupier in her own right, and ordered compensation for improvements made to the dwelling.
Jones and Others v Sutherland and Another (478/2018) [2019] ZASCA 146 (14 November 2019)
The Supreme Court of Appeal upheld an eviction under ESTA, finding the occupiers’ right of residence was lawfully terminated and eviction was just and equitable.
South African National Roads Agency v Jubber and Others (LCC56/2019) [2019] ZALCC 23 (15 July 2019)
The court found that section 8(4) of ESTA did not apply because neither respondent had reached the age of 60 at the time of termination of their right of residence. The Magistrate’s finding to the contrary was erroneous. The court further held that the termination of the respondents’ right of residence was not just and equitable as required by section 8(1) and section 11 of ESTA. The respondents were not afforded an effective opportunity to make representations before termination, resulting in procedural unfairness. The hardship to the respondents from eviction would be severe, given their lo…
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