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South Africa Case Law

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Land And Property [2024] ZALCC 45

Dreyer N.O and Others v Witbooi and Others (2024/124657)

Dreyer N.O and Others v Witbooi and Others (2024/124657) [2024] ZALCC 45 (9 December 2024)

Court
Land Claims Court
Case number
2024/124657
Judge
Mabasa

The court found that there were material disputes of fact regarding the respondents' employment history and consent to occupy the premises. The respondents provided detailed and plausible accounts of longstanding residence and employment, which were not refuted by compelling evidence from the applicants. Applying the Plascon-Evans rule, the court accepted the respondents' version as true. The applicants failed to discharge the onus to prove unlawful occupation or lack of employment. No request was made for oral evidence or referral to trial. Consequently, the eviction order granted by the mag…

Source excerpt

  • Extension Of Security Of Tenure Act
  • Eviction Proceedings
  • Dispute Of Fact
  • Long Term Occupier
  • Magistrates Court Review
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Land And Property [2006] ZALCC 2

Smith v Ndweni (LCC01R/06)

Smith v Ndweni (LCC01R/06) [2006] ZALCC 2 (10 April 2006)

Court
Land Claims Court
Case number
LCC01R/06
Judge
Y S Meer

The court found that the applicants had complied with the substantive and procedural requirements for eviction under the Extension of Security of Tenure Act for respondents Vikilahle, Bierwinkel, and Simons. Their rights of residence were terminated due to retrenchment or breach of occupation agreements, and suitable alternative accommodation was objectively provided in the Lanquedoc Housing Project. The court held that refusal to relocate constituted a material breach of fair terms of the occupation agreements, justifying eviction. For long-term occupier Lufefe, the court found no evidence o…

Source excerpt

  • Extension Of Security Of Tenure Act
  • Eviction
  • Suitable Alternative Accommodation
  • Long Term Occupier
  • Housing Policy
  • Probation Officer Report
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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.