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Moyeni v De Vries and Others NNO (808/2019) [2020] ZASCA 128 (13 October 2020)
The Supreme Court of Appeal held that an elderly farm occupier qualified as a protected occupier under ESTA and that the eviction order could not stand.
Drumearn (Pty) Ltd and Others v C P and Others (11/2020) [2020] ZALCC 21 (9 July 2020)
The court found that Mrs. P is a protected occupier in her own right under section 8(4) of ESTA, having resided on the farm for approximately 19 years and previously been employed there. The appellants erred by serving notice under section 8(5), which applies only to spouses or dependants of deceased long-term occupiers, not to protected occupiers in their own right. The conduct alleged by the appellants, including Mrs. P's refusal to relocate and her uncooperative attitude, did not amount to a fundamental breach of the relationship as envisaged by section 10(1)(c). The procedure followed by…
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