South Africa Case Law

Rheederplase (Pty) Ltd v Montsioa and Others (LCC46/2021)

Rheederplase (Pty) Ltd v Montsioa and Others (LCC46/2021) [2024] ZALCC 21 (12 August 2024)

Court

Land Claims Court

Case number

LCC 46/2021

Judge

Flatela

The Court found that the Applicant failed to establish a clear right to the relief sought. The First Respondent was authorised as a Project Officer to compile the report under section 9(3) of ESTA, and the report was submitted on behalf of the Department, not as a personal Probation Officer's report. The Applicant's requests for appointment letters and further documentation were misplaced, as the statutory framework does not require the report to be compiled only by a Probation Officer appointed under the Probation Services Act. The Applicant has alternative remedies, including proceeding wit…

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• Extension Of Security Of Tenure Act
• Eviction Procedure
• Probation Officer Report
• Mandatory Interdict
• Default Judgment
• Statutory Interpretation

Goedverwachting Farm (Pty) Ltd v Adriaan Johannes Roux and Others (641/2023)

Goedverwachting Farm (Pty) Ltd v Adriaan Johannes Roux and Others (641/2023) [2024] ZASCA 83; 2024 (5) SA 384 (SCA) (31 May 2024)

Court

Supreme Court of Appeal

Case number

641/2023

Judges

Nicholls, Meyer, Matojane, Coppin, Mbhele

The Supreme Court of Appeal held that the respondents did not qualify as 'occupiers' under ESTA, as there was no evidence of commercial farming or employment of non-family members on the property. The Land Claims Court erred by relying solely on the probation officer's report to make factual findings about commercial farming, which was not an issue raised in the pleadings or supported by evidence. The report is not evidence and cannot substitute for proper judicial determination. The requirements for eviction under ESTA were met, including lawful termination of residence, notice, and consider…

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• Extension Of Security Of Tenure Act
• Definition Of Occupier
• Eviction Proceedings
• Probation Officer Report
• Just And Equitable Eviction

Paul De Villers Family Trust and Others v Pietersen and Others (06R2023; 2410/21)

Paul De Villers Family Trust and Others v Pietersen and Others (06R2023; 2410/21) [2023] ZALCC 6 (28 January 2023)

Court

Land Claims Court

Case number

06R2023; 2410/21

Judge

Flatela

The Land Claims Court found that the settlement agreement, made an order of court by the magistrate, was in substance an eviction order that failed to comply with the mandatory requirements of ESTA. The agreement bypassed the statutory protections for occupiers, including the need for substantive and procedural fairness, proper consideration of the probation officer's report, and assurance of suitable alternative accommodation. The probation officer's report expressly recommended against eviction due to the respondents' indigent status, lack of alternative accommodation, and the presence of v…

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• Extension Of Security Of Tenure Act
• Eviction Procedure
• Just And Equitable Standard
• Probation Officer Report
• Right To Housing
• Children's Rights

Oostenwald and Another v Retignled and Others (LCC 13R/2021)

Oostenwald and Another v Retignled and Others (LCC 13R/2021) [2022] ZALCC 10 (4 April 2022)

Court

Land Claims Court

Case number

LCC 13R/2021

Judge

Flatela

The Magistrate erred by failing to properly apply the Plascon-Evans rule to factual disputes and by disregarding the respondent's evidence without adequate justification. The right of occupation agreement was not neutral and limited the rights of vulnerable parties, contrary to constitutional and statutory protections. The Magistrate did not adequately consider the probation officer's report or balance the competing constitutional rights of the owner and occupier. The respondent demonstrated lack of suitable alternative accommodation and would suffer undue hardship if evicted. The eviction or…

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• Extension Of Security Of Tenure Act
• Eviction Proceedings
• Probation Officer Report
• Just And Equitable Standard
• Labour Tenant Status
• Constitutional Property Rights

Steyn v S (A281/2019)

Steyn v S (A281/2019) [2020] ZAGPPHC 654 (16 September 2020)

Court

North Gauteng High Court, Pretoria

Case number

A281/2019

Judges

Ledwaba, Janse van Nieuwenhuizen

Appeal against sentence for drunken driving. The High Court found a misdirection in sentencing, set aside the sentence, and remitted the matter for resentencing.

• Drunken Driving
• Sentencing Misdirection
• Correctional Supervision
• Probation Officer Report
• Drunken-driving
• Sentencing-appeal

Sesedinyane v S (A591/2017)

Sesedinyane v S (A591/2017) [2020] ZAGPPHC 503 (20 August 2020)

Court

North Gauteng High Court, Pretoria

Case number

A591/2017

Judges

Mosopa, Phahlane

The High Court dismissed an appeal against life imprisonment for murder, finding no irregularity in the trial process and no substantial and compelling circumstances.

• Minimum Sentencing
• Substantial And Compelling Circumstances
• Murder
• Sentencing Discretion
• Probation Officer Report
• Minimum-sentencing

Marais v S (A04/2019)

Marais v S (A04/2019) [2019] ZAGPJHC 305 (28 June 2019)

Court

South Gauteng High Court, Johannesburg

Case number

A04/2019

Judges

P D Kekana, Twala M L

Appeal against a seven-year sentence for theft dismissed. The High Court found no misdirection in the trial court’s sentencing and held the term was not shockingly inappropriate.

• Sentencing Discretion
• Mitigating Factors
• Probation Officer Report
• Abuse Of Trust
• Theft
• Criminal-law

Monde v Viljoen NO and Others (1162/17)

Monde v Viljoen NO and Others (1162/17) [2018] ZASCA 138; [2018] 4 All SA 665 (SCA); 2019 (2) SA 205 (SCA) (28 September 2018)

Court

Supreme Court of Appeal

Case number

1162/17

Judges

Maya, Swain, Mocumie, Schippers, Mothle

The Supreme Court of Appeal held that the appellant's right of residence was not derived exclusively from his employment contract but also from prior consent and family connection, as evidenced by his longstanding occupation and the absence of any waiver of pre-existing rights. The respondents failed to prove that the termination of the right of residence was lawful, just, and equitable as required by s 8(1) of ESTA. Furthermore, the eviction order was incompetent because no probation officer's report was furnished, which is a peremptory requirement under s 9(3) of ESTA. The court found that…

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• Extension Of Security Of Tenure Act
• Lawful Termination Of Residence
• Eviction Procedure
• Probation Officer Report
• Just And Equitable Eviction

Nederburg Wines (Pty) Ltd v Nero and Others (1084/17)

Nederburg Wines (Pty) Ltd v Nero and Others (1084/17) [2018] ZASCA 119 (20 September 2018)

Court

Supreme Court of Appeal

Case number

1084/17

Judges

Shongwe, Majiedt, Mbha, Mocumie, Makgoka

The Supreme Court of Appeal held that the Land Claims Court erred in dismissing the eviction application without the benefit of the probation officer's report, which is mandatory under ESTA. The report confirmed that the first respondent no longer resided on the property and that his adult children, who remained, had no independent right to occupy the premises after the termination of their father's employment. Their conduct was intolerable and disruptive to other lawful occupiers. The court found that the eviction order should be granted, but with conditions to ensure that the respondents ar…

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• Extension Of Security Of Tenure Act
• Eviction Procedure
• Probation Officer Report
• Alternative Accommodation
• Unlawful Occupation

Magubane and Another v Twin City Developers (Pty) Ltd and Others (981/16)

Magubane and Another v Twin City Developers (Pty) Ltd and Others (981/16) [2017] ZASCA 65 (30 May 2017)

Court

Supreme Court of Appeal

Case number

981/16

Judges

Ponnan, Mbha, Dambuza, Van der Merwe, Fourie

The SCA held that failure to consider a section 9(3) probation officer’s report was a misdirection, but the report did not justify disturbing the eviction order.

• Extension Of Security Of Tenure Act
• Eviction Procedure
• Probation Officer Report
• Just And Equitable Eviction
• Extension-of-security-of-tenure-act
• Eviction-procedure