Pieters and Another v Stemmet and Another (079/2024)
Pieters and Another v Stemmet and Another (079/2024) [2025] ZASCA 60; [2025] 3 All SA 304 (SCA) (14 May 2025)
The Supreme Court of Appeal held that the property, although situated within a township, is designated for agricultural purposes by virtue of its 'rural' zoning under the City of Cape Town's Development Management Scheme. This designation brings the property within the ambit of ESTA, as contemplated by section 2(1)(a) of the Act. The Court rejected the Land Claims Court's distinction between 'rural' and 'agricultural' zoning, finding it artificial and unsupported by the relevant planning instruments. The appellants, having resided on the property with the respondents' knowledge and consent si…
Source excerpt
- Extension Of Security Of Tenure Act
- Land Zoning
- Eviction
- Constitutional Right To Housing