Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
South Africa decisions
Decisions matching the current search
Masingi v Kaalegte Farm 283 KR (LCC01/2024) [2024] ZALCC 2 (22 January 2024)
The Land Claims Court dismissed an urgent application to bury the applicant’s son on a farm, holding that section 6(2)(dA) did not apply because the deceased was not residing there.
Visser and Another v Marthinus and Others (LCC 178/2022) [2023] ZALCC 10 (10 April 2023)
Land Claims Court appeal granting eviction under ESTA after finding the occupiers’ continued residence unjust and equitable.
Basfour 3327 (PTY) Ltd v Thwala and Others (LCC160/2017) [2022] ZALCC 20 (5 October 2022)
The court found that while the Respondents qualify as occupiers under ESTA due to their long-term residence and presumed consent, ESTA does not permit the construction of entirely new dwellings without the owner's express written consent. The right to effect improvements is limited to those reasonably necessary to render an existing dwelling habitable and in conformity with human dignity, and does not extend to building a new structure on a different site. The Respondents' reliance on Daniels v Scribante was misplaced, as that case concerned improvements to existing dwellings, not the erectio…
Source excerpt
Nkosi and Another v Zandspruit Trust and Others (LCC 71/2022) [2022] ZALCC 13 (14 May 2022)
The court found that the applicants failed to provide sufficient evidence that the deceased resided on the farm at the time of his death. The only evidence of residence was the claim of occasional visits, which was disputed by the respondent and not refuted by the applicants. There was no evidence of the deceased's intention to return to the farm on a permanent basis, nor of any physical presence or dwelling on the farm. The first applicant admitted she did not reside on the farm, undermining the credibility of her evidence. Applying the Plascon-Evans test, the respondent's version was accept…
Source excerpt
Arbeidskroon Boerdery (Pty) Ltd v Mkwanazi and Others (LCC15/2021) [2021] ZALCC 16 (4 August 2021)
The Land Claims Court granted leave to appeal over whether an ESTA occupier needed consent to rebuild a house within a demarcated portion of a farm.
Mxotwa v The Municipal Manager, King Sabata Dalindyebo Local Municipality and Another (2193/2021) [2021] ZAECMHC 20 (27 May 2021)
The court found that the Respondents acted unlawfully in disconnecting the electricity supply to the Applicant's premises while a dispute regarding the amounts charged for municipal services and rates remained unresolved. The Applicant, as the occupier and aggrieved person, was entitled under the municipality's policy to raise queries and lodge disputes. The Respondents failed to comply with the notice requirements of section 129 of the National Credit Act, as there was no proof of proper service of the final demand prior to disconnection. The Respondents' explanation for the difference in bi…
Source excerpt
Manamela v Hlongwane and Others (65033/2015) [2016] ZAGPPHC 1147 (26 October 2016)
The High Court referred a civil application to trial, ordered it to proceed as a simple summons, and reserved costs for the trial court.
Ngcobo and Another v Johnson (158/2015) [2016] ZALCC 19 (15 September 2016)
The applicants failed to dispute the respondent's version of the agreement regarding grazing rights and livestock numbers, as they did not file a replying affidavit. The respondent's evidence, supported by affidavits from previous owners and family members, established that the applicants were only entitled to graze a limited number of livestock in Camp 1, with access to Camp 2 only in exceptional circumstances and by agreement. The applicants are occupiers under ESTA and are subject to its rights and obligations. Their claim to unrestricted grazing across the farm is unsupported by the evide…
Source excerpt
Umcebo Properties (Pty) Ltd and Another v Masango and Others (LCC175/2014) [2016] ZALCC 3 (10 March 2016)
The court enforced livestock limits against an occupier, holding that the demand to reduce cattle and goats did not amount to an eviction under ESTA.
Daniels v Scribante and Another (LCC164/2015) [2015] ZALCC 13 (4 December 2015)
The Land Claims Court dismissed an application for leave to appeal, holding that a novel ESTA issue about improvements by occupiers did not justify appeal.
Explore more
