South Africa Case Law

James Robertson Smit NO of JR Family Trust and Others v Swart and Others (LCC02R/2024)

James Robertson Smit NO of JR Family Trust and Others v Swart and Others (LCC02R/2024) [2024] ZALCC 30 (6 September 2024)

Court

Land Claims Court

Case number

LCC 02R/2024

Judge

Flatela

Automatic review under ESTA of a magistrate’s dismissal of an eviction application. The Land Claims Court set it aside and ordered eviction with municipal emergency accommodation.

• Extension Of Security Of Tenure Act
• Eviction Procedure
• Right Of Residence
• Municipal Housing Obligation
• Automatic Review
• Just And Equitable Eviction

Mogabule and Others v Neels Van Tonder Trust and Others (LCC04-2018B)

Mogabule and Others v Neels Van Tonder Trust and Others (LCC04-2018B) [2019] ZALCC 14 (30 July 2019)

Court

Land Claims Court

Case number

LCC 04/2018B

Judge

Y S Meer

The First Applicant failed to provide a reasonable explanation for his default and did not present a bona fide defence to the eviction application. His denials of misconduct and criminal activity were unsupported and did not raise genuine factual disputes. The procedural requirements for service and notice were met, and the application for rescission did not satisfy the good cause requirement. The Second Applicant, however, demonstrated that she is an occupier in her own right under ESTA, having resided openly and continuously on the land for more than three years. Her temporary absence due t…

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• Rescission Of Judgment
• Eviction
• Extension Of Security Of Tenure Act
• Locus Standi
• Default Judgment
• Right Of Residence

Botha v Mtholo and Others (LCC 25R/2018, 157/2016)

Botha v Mtholo and Others (LCC 25R/2018, 157/2016) [2018] ZALCC 28 (12 September 2018)

Court

Land Claims Court

Case number

LCC 25R/2018

Judge

Canca

The Land Claims Court found that the first respondent's right of residence was not solely derived from his employment but also from longstanding consent, as he was born on the farm. However, the seriousness of his criminal conduct and refusal to comply with environmental regulations justified termination of his right of residence on just and equitable grounds. The applicant's hardship outweighed that of the first respondent, given the inability to allocate the residence and the risk of environmental law contravention. Procedural fairness, while not strictly observed, was not unjust in the cir…

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• Extension Of Security Of Tenure Act
• Eviction Proceedings
• Right Of Residence
• Just And Equitable Termination

Motsomani v Rivisi and Others (274/2017)

Motsomani v Rivisi and Others (274/2017) [2018] ZALMPPHC 8 (19 March 2018)

Court

Limpopo High Court, Polokwane

Case number

274/2017

Judge

KGANYAGO

The court held that the local headman need not be joined, but Greater Giyani Municipality had a direct and substantial interest and had to be joined before any substantive order.

• Joinder Of Parties
• Customary Union
• Right Of Residence
• Municipal Services
• Joinder-of-parties
• Non-joinder

Nederburg Wines Proprietary Limited v Nero and Others (LCC102/2014)

Nederburg Wines Proprietary Limited v Nero and Others (LCC102/2014) [2017] ZALCC 14 (13 July 2017)

Court

Land Claims Court

Case number

LCC102/2014

Judge

Ngcukaitobi

The court held that the applicant failed to establish a fundamental breach of the relationship between landowner and occupier as required by section 10(1)(c) of ESTA. The evidence presented, namely a single instance of the first respondent being under the influence of alcohol while on duty, was insufficient to justify eviction. Allegations against the other respondents were vague and unsupported, and no specific case was made against them. The applicant also failed to provide evidence of serious prejudice to its business operations as required by section 10(3) of ESTA. The court found that th…

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• Eviction Under Esta
• Fundamental Breach
• Onus Of Proof
• Right Of Residence
• Prejudice Requirement

Rula Tecno Park (Pty) Ltd v Mahlangu and Others (LCC66R/2015)

Rula Tecno Park (Pty) Ltd v Mahlangu and Others (LCC66R/2015) [2015] ZALCC 10 (23 November 2015)

Court

Land Claims Court

Case number

LCC66R/2015

Judge

Ngcukaitobi

The Magistrate's exclusion of confirmatory affidavits was a grave misdirection of law and fact. The applicant failed to prove any material or fundamental breach by the occupiers, especially those protected under section 10 of the Extension of Security of Tenure Act. Allegations of misconduct were broad, unsubstantiated, and not linked to specific individuals. The applicant did not properly terminate the right of residence for all occupiers as required by section 8, and failed to demonstrate that eviction was just and equitable under section 11. The absence of a Probation Officer's report furt…

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• Extension Of Security Of Tenure Act
• Eviction Proceedings
• Right Of Residence
• Just And Equitable Test
• Section 26 Constitution
• Probation Officer Report

Botya and Others v Society of the Catholic Apostolate of South Africa and Another (3753/2013)

Botya and Others v Society of the Catholic Apostolate of South Africa and Another (3753/2013) [2014] ZAECGHC 9 (27 February 2014)

Court

Eastern Cape High Court, Grahamstown

Case number

3753/2013

Judge

J M Roberson

The High Court discharged an interim rule nisi sought to stop an eviction from a farm, finding no unlawful eviction or imminent unlawful conduct proved.

• Extension Of Security Of Tenure Act
• Interim Interdict
• Unlawful Eviction
• Right Of Residence
• Unlawful-eviction
• Extension-of-security-of-tenure-act

Sterklewies (Pty) Ltd t/a Harrismith Feedlot v Msimanga and Others (456/2011)

Sterklewies (Pty) Ltd t/a Harrismith Feedlot v Msimanga and Others (456/2011) [2012] ZASCA 77; 2012 (5) SA 392 (SCA); [2012] 3 All SA 655 (SCA) (25 May 2012)

Court

Supreme Court of Appeal

Case number

456/2011

Judges

Mthiyane, Farlam, Wallis, Kroon, Boruchowitz

The Supreme Court of Appeal held that the respondents' right to reside in the hostel was explicitly linked to their employment agreements with the appellant. The company's rules and policies, which formed part of the employment contracts, clearly stipulated that accommodation was provided only for employees and terminated upon cessation of employment. The evidence of the appellant's witness regarding the communication and enforcement of these rules was unchallenged. The respondents failed to provide any positive basis for a right to reside independent of employment. The procedural requirement…

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• Extension Of Security Of Tenure Act
• Right Of Residence
• Employment Agreement
• Eviction Procedure
• Termination Of Employment
• Just And Equitable Termination

Hetag Holdings A/S (Incorporated in Denmark) v Ellis and Others (36168/2011)

Hetag Holdings A/S (Incorporated in Denmark) v Ellis and Others (36168/2011) [2012] ZAGPPHC 10 (8 February 2012)

Court

North Gauteng High Court, Pretoria

Case number

36168/2011

Judge

B.R. du Plessis

The applicant failed to establish a cause of action for delivery of the farm because, at the time the application was launched, the respondents' right of residence under the employment contract had not been terminated. The applicant did not seek relief based on facts arising after the application was instituted, and the alleged termination of the employment contract was disputed and only raised in reply. The court found that, even assuming limited control by the respondents over the house, the relief sought was inappropriate and not supported by the facts at the relevant time. Accordingly, th…

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• Rei Vindicatio
• Right Of Residence
• Employment Contract
• Possession
• Eviction Proceedings

Vredenhof Organic Estate (Pty) Ltd v Hendriks and Another (LCC 111/2010)

Vredenhof Organic Estate (Pty) Ltd v Hendriks and Another (LCC 111/2010) [2011] ZALCC 1 (11 February 2011)

Court

Land Claims Court

Case number

LCC 111/2010

Judges

C E Loots, Y S Meer

Land Claims Court appeal upheld eviction under ESTA after finding the occupiers’ employment ended lawfully through CCMA settlements.

• Extension Of Security Of Tenure Act
• Eviction Proceedings
• Termination Of Employment
• Settlement Agreements
• Right Of Residence
• Extension-of-security-of-tenure-act