South Africa Case Law

Basfour 3327 (Pty) Ltd v Thwala and Others (1008/2023)

Basfour 3327 (Pty) Ltd v Thwala and Others (1008/2023) [2025] ZASCA 105 (18 July 2025)

Court

Supreme Court of Appeal

Case number

1008/2023

Judges

Makgoka, Kgoele, Unterhalter

The Supreme Court of Appeal held that the respondents unlawfully erected a new brick foundation and structure on the appellant's farm without prior engagement or consent, contrary to the requirements of meaningful engagement under the Extension of Security of Tenure Act and the principles established in Daniels v Scribante. The court found that the Land Claims Court erred by treating the application as solely dependent on contempt of court and by failing to consider the declaratory, prohibitory, and demolition relief as independent issues. The respondents' lack of engagement with the appellan…

Source excerpt

• Extension Of Security Of Tenure Act
• Meaningful Engagement
• Unlawful Erection Of Structures
• Property Rights
• Demolition Orders

FFS Finance t/a Ford Credit v Van Der Merwe (21308/2022)

FFS Finance t/a Ford Credit v Van Der Merwe (21308/2022) [2025] ZAWCHC 230 (30 May 2025)

Court

Western Cape High Court, Cape Town

Case number

21308/2022

Judge

Thulare

The High Court dismissed a vehicle-repossession claim after finding the credit provider had not meaningfully engaged with the consumer’s repayment proposal under section 129 of the NCA.

• Credit Agreement Enforcement
• National Credit Act
• Section 129 Notice
• Meaningful Engagement
• Unfair Practice
• Repossession

City of Cape Town v Hussain and Others (Appeal) (A268/2024)

City of Cape Town v Hussain and Others (Appeal) (A268/2024) [2025] ZAWCHC 171 (17 April 2025)

Court

Western Cape High Court, Cape Town

Case number

A268/2024

Judges

Lekhuleni, Ralarala

The court held that the postponement order issued by the magistrate is purely interlocutory and does not meet the requirements for appealability under section 83 of the Magistrates' Court Act or the Zweni test. The order does not finally determine any rights, is susceptible to variation, and does not dispose of any substantial portion of the relief claimed in the eviction application. The interests of justice do not justify entertaining an appeal against such an order, as piecemeal litigation is discouraged. The alternative argument for review was rejected as it was not properly raised and th…

Source excerpt

• Eviction Under Pie Act
• Appealability Of Interlocutory Orders
• Meaningful Engagement
• Section 26 Right To Housing
• Just And Equitable Eviction
• Magistrates Court Procedure

VRFT Properties CC and Another v Floris and Others (LANC02R/2025)

VRFT Properties CC and Another v Floris and Others (LANC02R/2025) [2025] ZALCC 15 (14 March 2025)

Court

Land Claims Court

Case number

LANC02R/2025

Judge

Flatela

The Land Claims Court found that the Magistrate's Court erred in applying section 11 of ESTA to the respondents, who had occupied the farm since before 4 February 1997, making section 10 applicable. The Magistrate failed to resolve factual disputes regarding the respondents' residence and did not properly apply the Plascon-Evans principle. The applicants did not make a genuine effort to secure suitable alternative accommodation, and the probation officer's report was not adequately considered. The eviction would result in homelessness, and meaningful engagement and mediation were not sufficie…

Source excerpt

• Extension Of Security Of Tenure Act
• Eviction Proceedings
• Just And Equitable Standard
• Meaningful Engagement
• Alternative Accommodation
• Constitutional Right To Housing

Khumalo v Len Smith Investment Holdings CC and Another (LCC175/2016)

Khumalo v Len Smith Investment Holdings CC and Another (LCC175/2016) [2024] ZALCC 25 (2 September 2024)

Court

Land Claims Court

Case number

LCC 175/2016

Judge

Cowen

The Land Claims Court granted condonation and ordered the respondents to comply with a meaningful engagement order about access to a farm route.

• Contempt Of Court
• Meaningful Engagement
• Security Of Tenure
• Condonation
• Commissioning Of Affidavit
• Contempt-of-court

Quantum Foods (Pty) Ltd v Jansen and Others (LCC88/2021)

Quantum Foods (Pty) Ltd v Jansen and Others (LCC88/2021) [2024] ZALCC 18 (16 May 2024)

Court

Land Claims Court

Case number

LCC88/2021

Judge

SJ Cowen

The court declined to decide an ESTA eviction application and ordered further meaningful engagement on alternative accommodation, plus supplementary papers and reports.

• Extension Of Security Of Tenure Act
• Eviction Proceedings
• Meaningful Engagement
• Alternative Accommodation
• Joinder Of Parties
• Municipal Obligations

South African Broadcasting Corporation SOC Limited v Seswai and Others (M297/2021; M236/2021; M298/2021; M299/2021; M300/2021)

South African Broadcasting Corporation SOC Limited v Seswai and Others (M297/2021; M236/2021; M298/2021; M299/2021; M300/2021) [2024] ZANWHC 122 (11 April 2024)

Court

North West High Court, Mafikeng

Case number

M297/2021; M236/2021; M298/2021; M299/2021; M300/2021

Judge

FMM Reid

The High Court granted an eviction order to the SABC, finding the respondents had no legal right to remain after lease termination and that eviction was just and equitable.

• Prevention Of Illegal Eviction Act
• Right To Housing
• Just And Equitable Eviction
• Locus Standi
• Meaningful Engagement
• Rei Vindicatio

Logos Carriers CC v Rowland and Others (LCC137/2021)

Logos Carriers CC v Rowland and Others (LCC137/2021) [2024] ZALCC 11 (15 March 2024)

Court

Land Claims Court

Case number

LCC137/2021

Judge

Flatela

The court found that the respondents failed to demonstrate reasonable prospects of success on appeal regarding the majority of their grounds. The applicant complied with the procedural requirements under ESTA, including service of notices and attempts at meaningful engagement. The respondents, through their representative, concealed the identities of occupiers and did not respond to invitations for engagement or mediation. The court held that the obligation to provide alternative accommodation rests with the state and municipality, not the applicant. The court considered the probation reports…

Source excerpt

• Eviction Proceedings
• Extension Of Security Of Tenure Act
• Land Claims
• Bill Of Rights Limitation
• Meaningful Engagement
• Emergency Housing

Ramakone and Others v City of Johannesburg and Another (2020/19611)

Ramakone and Others v City of Johannesburg and Another (2020/19611) [2023] ZAGPJHC 916 (15 August 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2020/19611

Judge

PG Louw

The High Court rescinded an eviction order after finding it was erroneously granted without full consideration of occupiers’ circumstances and alternative accommodation.

• Prevention Of Illegal Eviction Act
• Right To Housing
• Rescission Of Judgment
• Meaningful Engagement
• Just And Equitable Eviction
• Default Judgment Procedure

Ekurhuleni Metropolitan Municipality v Harmse and Others (0014030/2017)

Ekurhuleni Metropolitan Municipality v Harmse and Others (0014030/2017) [2023] ZAGPJHC 860 (31 July 2023)

Court

South Gauteng High Court, Johannesburg

Case number

0014030/2017

Judge

de Vos

The High Court dismissed a municipality’s bid to force eviction for zoning compliance, holding the relief effectively amounted to an eviction order barred by section 26 protections.

• Section 26 Right To Housing
• Municipal Zoning
• Eviction Proceedings
• Meaningful Engagement
• Interdicts
• Prevention Of Illegal Eviction