Monde v Viljoen NO and Others (1162/17)
Monde v Viljoen NO and Others (1162/17) [2018] ZASCA 138; [2018] 4 All SA 665 (SCA); 2019 (2) SA 205 (SCA) (28 September 2018)
The Supreme Court of Appeal held that the appellant's right of residence was not derived exclusively from his employment contract but also from prior consent and family connection, as evidenced by his longstanding occupation and the absence of any waiver of pre-existing rights. The respondents failed to prove that the termination of the right of residence was lawful, just, and equitable as required by s 8(1) of ESTA. Furthermore, the eviction order was incompetent because no probation officer's report was furnished, which is a peremptory requirement under s 9(3) of ESTA. The court found that…
Source excerpt
- Extension Of Security Of Tenure Act
- Lawful Termination Of Residence
- Eviction Procedure
- Probation Officer Report
- Just And Equitable Eviction