South Africa Case Law

Mokoena v Church of Holy Ghost (2024/128948)

Mokoena v Church of Holy Ghost (2024/128948) [2025] ZALCC 5 (7 January 2025)

Court

Land Claims Court

Case number

2024/128948

Judge

Ncube

The court found that the applicant qualifies as an occupier under ESTA, having resided on the respondent's land for over ten years and being of advanced age. The applicant's failure to disclose income was not fatal, as ESTA must be interpreted generously to protect constitutional rights. Section 6(5) of ESTA entitles the applicant's family to bury him on the land upon his death, and the requirement of established practice does not apply to burial of the occupier himself. The respondent failed to provide evidence of the applicant's expulsion from the church. Urgency was established due to the…

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• Extension Of Security Of Tenure Act
• Right Of Burial
• Urgent Application
• Occupier Status

Atkatrading 266 (Pty) Ltd and Others v Williams and Others (LANC32R/2024)

Atkatrading 266 (Pty) Ltd and Others v Williams and Others (LANC32R/2024) [2024] ZALCC 46 (27 November 2024)

Court

Land Claims Court

Case number

LANC32R/2024

Judge

Mabasa

The court found that the applicants failed to provide sufficient evidence to counter Mr. Williams' assertion of long-term residence on the farm, nor did they substantiate their claim that Ms. Coetzee was a seasonal worker. The respondents' denials were plausible and unambiguous. The applicants did not adequately address the contingency of residence on Mr. Otto's employment, and no compelling evidence was presented to show the respondents' claims were implausible. Given the disputes of fact and the absence of oral evidence or referral to trial, the magistrate's order for eviction under section…

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• Extension Of Security Of Tenure Act
• Eviction Proceedings
• Dispute Of Fact
• Motion Proceedings
• Occupier Status

Van der Merwe and Others v Witbooi and Others (LCC29/2018, 03/2013)

Van der Merwe and Others v Witbooi and Others (LCC29/2018, 03/2013) [2018] ZALCC 38 (7 September 2018)

Court

Land Claims Court

Case number

LCC 29/2018

Judges

MP Canca, YS Meer

The appeal was dismissed because the termination of the first respondent's right of residence was not just and equitable as required by section 8(1) of ESTA. Although the first respondent's conduct justified dismissal from employment, the appellants failed to comply with procedural fairness by not granting him an effective opportunity to make representations before terminating his right of residence. The hardship to the first respondent, who had lived on the farm for approximately 40 years, outweighed that of the appellants. The second to sixth respondents were found to be occupiers in their…

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• Extension Of Security Of Tenure Act
• Termination Of Right Of Residence
• Procedural Fairness
• Occupier Status
• Just And Equitable Eviction

Pietersen v Rainbow Farms (Pty) Ltd (LCC08/2014)

Pietersen v Rainbow Farms (Pty) Ltd (LCC08/2014) [2014] ZALCC 6 (24 April 2014)

Court

Land Claims Court

Case number

LCC08/2014

Judges

M P Canca, M Mpshe

The Land Claims Court dismissed an appeal against eviction under ESTA, holding the appellant failed to prove admissible medical evidence of permanent incapacity.

• Extension Of Security Of Tenure Act
• Eviction
• Occupier Status
• Medical Evidence Admissibility
• Fundamental Breach Of Relationship
• Esta

Goosen v Mtetwa (LCC27R/2010)

Goosen v Mtetwa (LCC27R/2010) [2010] ZALCC 22 (18 August 2010)

Court

Land Claims Court

Case number

LCC27R/2010

Judge

MJALI

The Land Claims Court found that the magistrate failed to consider material disputes of fact regarding the respondent's date of occupancy and reasons for dismissal, which were essential to determining the respondent's status under ESTA. The summary judgment was granted prematurely, before the expiry of the dies induciae, and without proper inquiry into the just and equitable requirements of section 8 of ESTA. The magistrate also failed to comply with statutory provisions regarding the determination of dates to vacate and execution, and did not distinguish between occupiers who commenced occup…

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• Extension Of Security Of Tenure Act
• Eviction Proceedings
• Summary Judgment
• Just And Equitable Termination
• Occupier Status
• Magistrates Court Procedure