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South Africa decisions
Decisions matching the current search
Burger and Others v Schrader and Others (LANC01R/2025) [2025] ZALCC 14 (20 March 2025)
Automatic review of an ESTA eviction order. The Land Claims Court confirmed the eviction in part, found section 11 applied, and ordered municipal emergency housing.
James Robertson Smit NO of JR Family Trust and Others v Swart and Others (LCC02R/2024) [2024] ZALCC 30 (6 September 2024)
Automatic review under ESTA of a magistrate’s dismissal of an eviction application. The Land Claims Court set it aside and ordered eviction with municipal emergency accommodation.
Francois and Another v Ficks and Others (81/2023;) [2024] ZALCC 6 (29 January 2024)
The Land Claims Court upheld an ESTA eviction appeal, finding the termination of residence just and equitable and linking eviction to municipal emergency accommodation.
Boplaas Landgoed 1743 (Pty) Ltd and Another v van der Hanse and Others (LCC47/2023 ; LCC48/2023) [2024] ZALCC 5 (29 January 2024)
Appeal in an ESTA eviction matter upheld. The Land Claims Court ordered eviction, but linked it to phased municipal alternative accommodation and emergency housing.
Skyline Investment (Pty) Ltd and Others v Swarts and Others (LCC 11R/2023 ; 1390/2020) [2023] ZALCC 14 (8 May 2023)
The Land Claims Court found that the Magistrate erred in applying section 11 of ESTA instead of section 10, as the respondents had occupied the property before 4 February 1997. The Magistrate failed to properly consider the respondents' submissions and the factual disputes regarding the date and nature of occupation. The Court accepted the respondents' version that they had resided on the farm with the previous owner's consent prior to the cut-off date, making section 10 applicable. The Magistrate's judgment was found to be a near verbatim adoption of the applicants' submissions, lacking inde…
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Coleman and Others v Unlawful Occupiers and Others (D5527/2020B) [2023] ZAKZDHC 11 (14 March 2023)
The court granted an eviction under PIE, finding the occupiers had no right to remain and that notice was effectively served. A 90-day vacate period was ordered.
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