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South Africa Case Law

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Land And Property [2007] ZALCC 13

Van Heerden v Magaga and Others (LCC48R/2007)

Van Heerden v Magaga and Others (LCC48R/2007) [2007] ZALCC 13 (11 July 2007)

Court
Land Claims Court
Case number
LCC48R/2007
Judge
T Ncube

The Land Claims Court found that the magistrate failed to properly apply his mind to the facts and did not consider all relevant circumstances as required by section 26(3) of the Constitution. The applicant did not prove that the respondents were not dependants of the late Menzi, nor did he establish that the requirements of section 15(1)(a)-(d) of the Extension of Security of Tenure Act were met. The evidence did not support the allegations of damage or imminent danger, and the hardship to the respondents, including a minor child, outweighed any hardship to the applicant. No adequate arrange…

Source excerpt

  • Extension Of Security Of Tenure Act
  • Urgent Eviction Application
  • Constitutional Right To Housing
  • Balance Of Hardship
  • Oral Evidence Dispute
  • Restoration Of Occupation
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Land And Property [2007] ZASCA 84

Agrico Masjinerie (Edms) Bpk v Swiers (399/06_)

Agrico Masjinerie (Edms) Bpk v Swiers (399/06_) [2007] ZASCA 84; 2007 (10) BCLR 1111 (SCA); 2007 (5) SA 305 (SCA) (1 June 2007)

Court
Supreme Court of Appeal
Case number
399/06
Judges
Cameron, Brand, Heher, Van Heerden, Theron

The Supreme Court of Appeal held that the respondent ceased to be an ESTA occupier upon voluntarily vacating the property in 1998, as she was not aware of her statutory rights at the time. Her subsequent return without the owner's consent constituted self-help and did not restore her occupier status under ESTA. The respondent's right to claim restoration of occupation exists, but must be exercised through judicial proceedings under s 14 of ESTA. Until such restoration is ordered, her occupation remains unlawful under PIE. The High Court retained jurisdiction as neither party claimed performan…

Source excerpt

  • Extension Of Security Of Tenure Act
  • Prevention Of Illegal Eviction Act
  • Waiver Of Tenure Rights
  • Restoration Of Occupation
  • Jurisdiction Of High Court
  • Constitutional Property Rights
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.