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Land And Property [2024] ZALCC 33

P4 Boerdery (Pty) Ltd v Unknown Persons at Portion 2 of Farm Welgedacht 3349 Normandien and Others (LCC77/2024)

P4 Boerdery (Pty) Ltd v Unknown Persons at Portion 2 of Farm Welgedacht 3349 Normandien and Others (LCC77/2024) [2024] ZALCC 33 (11 October 2024)

Court
Land Claims Court
Case number
LCC77/2024
Judge
Spilg

The Land Claims Court limited respondents’ homestead occupation pending a labour tenancy claim, allowing periodic sleepovers for cattle care but barring permanent residence.

  • Labour Tenant Eviction
  • Interim Interdict
  • Extension Of Security Of Tenure Act
  • Spoliation
  • Right Of Occupation
  • Labour-tenancy
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Land And Property [2022] ZALCC 12

Sokhela and Another v Mhlungu and Others (LCC 41/2019B)

Sokhela and Another v Mhlungu and Others (LCC 41/2019B) [2022] ZALCC 12 (20 May 2022)

Court
Land Claims Court
Case number
LCC 41/2019B
Judge
Y S Meer

The Land Claims Court dismissed an urgent bid to suspend an eviction order, finding no proof of a pending labour tenant application or section 14 protection.

  • Labour Tenant Eviction
  • Interim Interdict
  • Section 14 Land Reform Labour Tenants Act
  • Prima Facie Right
  • Urgent Application
  • Proof Of Labour Tenancy
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Land And Property [2009] ZALCC 16

Greyling and Others v Nkosi and Others (LCC45/05)

Greyling and Others v Nkosi and Others (LCC45/05) [2009] ZALCC 16 (26 November 2009)

Court
Land Claims Court
Case number
LCC45/05
Judge
Pienaar AJ

The court found that all Respondents are labour tenants as defined by the Labour Tenant Act, based on their residence, historical provision of labour, and family succession. Section 16 applications were deemed pending, as claims had been lodged and subsequently published, despite departmental delay. However, the Respondents' refusal to render labour, aggressive conduct, and effective takeover of the farm constituted special circumstances justifying eviction under section 14. The Applicants complied with all formal notice requirements, and the return of service was accepted as proof of proper…

Source excerpt

  • Labour Tenant Eviction
  • Special Circumstances
  • Section 16 Application
  • Notice Requirements
  • Succession Of Labour Tenant Rights
  • Departmental Delay
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Land And Property [2009] ZALCC 14

Khumalo and Others v ERF 507 Charles Street (Pty) Ltd and Others (LCC 232/2009)

Khumalo and Others v ERF 507 Charles Street (Pty) Ltd and Others (LCC 232/2009) [2009] ZALCC 14 (8 November 2009)

Court
Land Claims Court
Case number
LCC232/2009
Judges
MIA, G Malindi

Urgent application to stay execution of an eviction warrant was dismissed. The court found no recognised basis for further relief and made no costs order.

  • Labour Tenant Eviction
  • Interim Interdict
  • Condonation
  • Rescission Of Judgment
  • Public Interest Litigation
  • Labour-tenant-eviction
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Land And Property [2008] ZALCC 14

Greyling and Others v Nkosi and Others (LCC45/05)

Greyling and Others v Nkosi and Others (LCC45/05) [2008] ZALCC 14 (26 November 2008)

Court
Land Claims Court
Case number
LCC45/05
Judge
Pienaar AJ

The Land Claims Court found the respondents were labour tenants, but still granted eviction because special circumstances justified it under section 14.

  • Labour Tenant Eviction
  • Special Circumstances
  • Section 16 Application
  • Notice Requirements
  • Succession Of Labour Tenant Rights
  • Departmental Delay
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Land And Property [2003] ZALCC 32

Van Dyk and Another v Mthimunye and Another (LCC 38/02)

Van Dyk and Another v Mthimunye and Another (LCC 38/02) [2003] ZALCC 32 (26 May 2003)

Court
Land Claims Court
Case number
LCC 38/02
Judge
Gildenhuys

The court found that the defendants voluntarily left Eerstelingfontein in 1997, accepted severance, and entered into a new employment agreement elsewhere, thereby waiving any rights as labour tenants. Their return in 1999 as employees of the Trust did not revive those rights. The right of residence was validly terminated following dismissal for absconding and misconduct, and the defendants failed to challenge the dismissal through the appropriate labour dispute mechanisms. The requirements for eviction under section 11 of the Tenure Act were satisfied: the defendants had not resided on the fa…

Source excerpt

  • Extension Of Security Of Tenure Act
  • Labour Tenant Eviction
  • Termination Of Right Of Residence
  • Waiver Of Labour Tenant Rights
  • Just And Equitable Eviction
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.