South Africa Case Law

Maluleke N.O. v Sibanyoni and Others (1012/2020)

Maluleke N.O. v Sibanyoni and Others (1012/2020) [2022] ZASCA 40 (4 April 2022)

Court

Supreme Court of Appeal

Case number

1012/2020

Judges

Mocumie, Molemela, Carelse, Musi, Smith

The Supreme Court of Appeal held that the Trust failed to provide Mr Sibanyoni with an effective opportunity to make representations before terminating his right of residence, as required by section 8(1)(e) of ESTA. The Trust's claims of hardship were unsupported by evidence, and the alternative accommodation proposed was unsuitable given Mr Sibanyoni's livestock. The procedural fairness requirement is not satisfied by allowing representations only before the court; it must occur before the termination decision. The comparative hardship to Mr Sibanyoni and his family far outweighed any hardsh…

Source excerpt

• Extension Of Security Of Tenure Act
• Just And Equitable Eviction
• Procedural Fairness
• Right Of Residence Termination
• Comparative Hardship
• Alternative Accommodation

Kloof Gold Mining Limited t/a Leeudoorn Gold Mine v Mnengele and another (LCC62/01)

Kloof Gold Mining Limited t/a Leeudoorn Gold Mine v Mnengele and another (LCC62/01) [2003] ZALCC 5 (10 February 2003)

Court

Land Claims Court

Case number

LCC62/01

Judge

A Gildenhuys

The court amended an earlier eviction order, confirmed that re-occupation was unlawful, and interdicted the respondents from returning to the premises.

• Extension Of Security Of Tenure Act
• Eviction Order Enforcement
• Right Of Residence Termination
• Labour Relations Act Dispute
• Costs Order
• Urgent Interdict