South Africa Case Law

Mtshali v Bencor Eiendoms (Pty) Ltd and Another (LCC39/2024)

Mtshali v Bencor Eiendoms (Pty) Ltd and Another (LCC39/2024) [2024] ZALCC 24 (18 July 2024)

Court

Land Claims Court

Case number

LCC39/2024

Judge

Ncube

The applicant does not reside on Lowlands Farm but at Roode Poort Spruyt, where he has established a permanent homestead. Therefore, he is not an occupier of Lowlands Farm under ESTA and is not entitled to protection as such. Even if he were an occupier, the right to graze livestock on another's land is a personal right dependent on the owner's consent, which was withdrawn and not renewed. The applicant failed to prove entitlement to the relief sought.

Source excerpt

• Extension Of Security Of Tenure Act
• Occupier Definition
• Grazing Rights
• Personal Rights
• Consent To Graze

Mathebula and Another v Harry (LCC72/2015)

Mathebula and Another v Harry (LCC72/2015) [2015] ZALCC 6; 2016 (5) SA 534 (LCC) (2 June 2015)

Court

Land Claims Court

Case number

LCC72/2015

Judge

Ngcukaitobi

The Land Claims Court held that the applicants could bury a family member on the farm under ESTA section 6(2)(dA), finding residence and an established burial practice.

• Extension Of Security Of Tenure Act
• Burial Rights On Farms
• Occupier Definition
• Established Practice
• Inspection In Loco
• Esta

Diamond Hill Trading 99 BK v Soet and Others (1752/2011)

Diamond Hill Trading 99 BK v Soet and Others (1752/2011) [2012] ZAFSHC 82 (26 April 2012)

Court

Free State High Court, Bloemfontein

Case number

1752/2011

Judge

Van Zyl, R

The court found that the respondents, in their personal capacities, resided on the property with the consent of the previous owner (the trustees of the Thusong Trust), and such consent is binding on the applicant as successor in title under section 24 of ESTA. The respondents fall within the definition of 'occupier' under ESTA and are therefore excluded from the definition of 'unlawful occupier' under PIE. The applicant was obliged to follow the eviction procedure prescribed by ESTA, not PIE. The High Court does not have jurisdiction to hear eviction proceedings under ESTA unless all parties…

Source excerpt

• Prevention Of Illegal Eviction Act
• Extension Of Security Of Tenure Act
• Jurisdiction
• Occupier Definition
• Trust Law

Juta v Hattingh and Others (LC145/2010)

Juta v Hattingh and Others (LC145/2010) [2011] ZALCC 23 (30 March 2011)

Court

Land Claims Court

Case number

LC145/2010

Judges

Y S Meer, A Gildonhuys

The Land Claims Court held that section 6(2)(d) of ESTA did not protect adult children’s occupation rights on the facts, and upheld the eviction appeal.

• Extension Of Security Of Tenure Act
• Right To Family Life
• Eviction Proceedings
• Occupier Definition
• Extension-of-security-of-tenure-act
• Family-life-right

Tshivhula v Koedoepan Boerdery CC and Another (LCC15/07)

Tshivhula v Koedoepan Boerdery CC and Another (LCC15/07) [2007] ZALCC 4 (6 March 2007)

Court

Land Claims Court

Case number

LCC15/07

Judge

F C Bam

The court dismissed an urgent burial application, holding there was no basis to compel burial on private land and insufficient proof of statutory burial rights.

• Burial Rights
• Extension Of Security Of Tenure Act
• Occupier Definition
• Urgent Application Procedure
• Burial-rights
• Extension-of-security-of-tenure-act