South Africa Case Law

South African National Roads Agency v Jubber and Others (LCC56/2019)

South African National Roads Agency v Jubber and Others (LCC56/2019) [2019] ZALCC 23 (15 July 2019)

Court

Land Claims Court

Case number

LCC 56/2019

Judges

Y S Meer, Z Carelse

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…

Source excerpt

• Extension Of Security Of Tenure Act
• Eviction
• Just And Equitable Termination
• Procedural Fairness
• Long Term Occupier Status

Makubo and Others v Uys and Others (LCC02/2018)

Makubo and Others v Uys and Others (LCC02/2018) [2018] ZALCC 9 (9 May 2018)

Court

Land Claims Court

Case number

LCC02/2018

Judge

T M Ncube

Urgent land claims application struck off the roll after the court found no urgency, no main river on the farm, and no reasonable prospect of success.

• Urgent Interdict
• Long Term Occupier Status
• Eviction Threats
• Access To Water
• Costs Order
• Urgent-interdict