South Africa Case Law

Sefateng Chrome Mine (Pty) Ltd v Minister of Mineral Resources and Energy and Others (36955/2022)

Sefateng Chrome Mine (Pty) Ltd v Minister of Mineral Resources and Energy and Others (36955/2022) [2025] ZAGPPHC 622 (9 June 2025)

Court

North Gauteng High Court, Pretoria

Case number

36955/2022

Judge

S Van Aswegen

The High Court reviewed and set aside a mining right granted to Lethabo, finding a moratorium, lack of consultation, and other MPRDA defects.

• Promotion Of Administrative Justice Act
• Mineral And Petroleum Resources Development Act
• Mining Rights
• Consultation Requirements
• Moratorium On Mining Rights
• Security Of Tenure

Mkhize and Another v SA Green Farming CC and Another (LCC166-2018)

Mkhize and Another v SA Green Farming CC and Another (LCC166-2018) [2024] ZALCC 35 (4 October 2024)

Court

Land Claims Court

Case number

LCC166/2018

Judge

Ncube

The court found that the First Plaintiff, Mr. Mkhize, satisfied all elements of the statutory definition of a labour tenant: he resided on the farm, had rights to crop and graze, and provided labour in exchange for those rights. His ancestors also resided and provided labour under similar conditions. The evidence showed that the provision of labour was tied to the right to occupy and use the land, and the cash remuneration received was minimal compared to the value of residence and land use. The contracts of employment produced by the defendants did not comply with the statutory requirements…

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• Labour Tenancy
• Land Reform Labour Tenants Act
• Burden Of Proof
• Definition Of Farmworker
• Security Of Tenure

Khumalo v Len Smith Investment Holdings CC and Another (LCC175/2016)

Khumalo v Len Smith Investment Holdings CC and Another (LCC175/2016) [2024] ZALCC 25 (2 September 2024)

Court

Land Claims Court

Case number

LCC 175/2016

Judge

Cowen

The Land Claims Court granted condonation and ordered the respondents to comply with a meaningful engagement order about access to a farm route.

• Contempt Of Court
• Meaningful Engagement
• Security Of Tenure
• Condonation
• Commissioning Of Affidavit
• Contempt-of-court

Du Plessis and Another v Kriel N.O and Others (LCC88/2022)

Du Plessis and Another v Kriel N.O and Others (LCC88/2022) [2023] ZALCC 43; [2024] 1 All SA 702 (LCC) (14 December 2023)

Court

Land Claims Court

Case number

LCC88/2022

Judges

Cowen, Ncube, Flatela

The Land Claims Court upheld a relocation order under ESTA, holding that section 8 can apply to relocations, but the appellants failed to prove long-term occupier protection.

• Extension Of Security Of Tenure Act
• Relocation Of Occupiers
• Mandatory Interdict
• Security Of Tenure
• Statutory Interpretation
• Extension-of-security-of-tenure-act

Pieterse and Others v Drumearn (Pty) Ltd and Others (LCC 135/2022 ; 3/2021)

Pieterse and Others v Drumearn (Pty) Ltd and Others (LCC 135/2022 ; 3/2021) [2023] ZALCC 13 (19 April 2023)

Court

Land Claims Court

Case number

LCC 135/2022 ; 3/2021

Judges

Flatela, Cowen

The court held that the relocation of the appellant from a house on Blauwkrans Farm, owned by Drumearn (Pty) Ltd, to a house on Helderfontein Farm, owned by Helderfontein Farm (Pty) Ltd, constitutes an eviction under the Extension of Security of Tenure Act (ESTA). The farms are distinct cadastral units registered to different legal entities, and the Act regulates the relationship between occupiers and owners of the same land. The fact that both entities have common shareholders and operate the farms as a single unit does not alter the legal definition of 'land' for purposes of ESTA. The juris…

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• Extension Of Security Of Tenure Act
• Eviction
• Relocation Of Occupiers
• Cadastral Definition Of Land
• Security Of Tenure

Moladora Trust v Mereki and Others (LCC70/2022)

Moladora Trust v Mereki and Others (LCC70/2022) [2022] ZALCC 32; 2023 (3) SA 209 (LCC) (11 November 2022)

Court

Land Claims Court

Case number

LCC70/2022

Judge

SJ Cowen

The Court found that, although grazing rights for ESTA occupiers are personal and derive from consent, the respondents had acquired tacit consent to graze cattle on the farm after their mother's death. This was inferred from their continued open residence and use of the land for grazing over several years without objection from the applicant, and the presumption of consent under section 3(4) of ESTA. The Court held that once such consent is established, the right to graze cattle forms part of the tenure protected by ESTA and is subject to its procedural safeguards. The applicant failed to com…

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• Extension Of Security Of Tenure Act
• Eviction Proceedings
• Consent To Graze Livestock
• Security Of Tenure
• Tacit Agreement
• Constitutional Right To Dignity

Boplaas Landgoed (PTY) Ltd and Another v Jonkies and Others (LCC 37/2022)

Boplaas Landgoed (PTY) Ltd and Another v Jonkies and Others (LCC 37/2022) [2022] ZALCC 38 (15 August 2022)

Court

Land Claims Court

Case number

LCC 37/2022

Judges

Y S Meer, S J Cowen

The court held that under settled law, relocation in terms of ESTA is limited to movement from one housing unit to another on the same farm. Removal off the land, as sought by the appellants, constitutes an eviction. The judicial interpretation of 'eviction' under ESTA, confirmed by the Supreme Court of Appeal, confines eviction to removal from the land, not from one dwelling to another. The court rejected the appellants' argument to develop the common law or statutory definition of eviction to allow for relocation off the land in circumstances where occupiers have been allocated alternative…

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• Extension Of Security Of Tenure Act
• Long Term Occupier Rights
• Eviction Definition
• Statutory Interpretation
• Security Of Tenure

Matjila v The State (A642/2017)

Matjila v The State (A642/2017) [2022] ZAGPPHC 602 (11 August 2022)

Court

North Gauteng High Court, Pretoria

Case number

A642/2017

Judge

du Plessis

The court held that the applicant's right to occupy and protect the family home, rooted in a family rights agreement and supported by administrative findings, must be recognised and protected. The common law model of individual ownership is insufficient to address the realities of family homes in South Africa, especially where customary law and administrative processes have conferred collective rights. The Constitution obliges the development of property law to accommodate such rights and to promote security of tenure. The Registrar of Deeds is ordered to transfer the property to the applican…

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• Conversion Of Land Tenure Rights
• Customary Law Property Rights
• Family Home Agreements
• Deeds Registries Act
• Security Of Tenure
• Section 25 Constitution

Shomang v Motsose N.O. and Others (6990/2022)

Shomang v Motsose N.O. and Others (6990/2022) [2022] ZAGPPHC 441; 2022 (5) SA 602 (GP) (24 May 2022)

Court

North Gauteng High Court, Pretoria

Case number

6990/2022

Judge

du Plessis

Court protected a family-home arrangement, ordering transfer to the applicant as custodian and barring alienation pending transfer.

• Customary Law Property Rights
• Security Of Tenure
• Section 25 Constitution
• Family Home Agreements
• Deeds Registries Act
• Intestate Succession

Rakgase and Another v Minister of Rural Development and Land Reform and Another (33497/2018)

Rakgase and Another v Minister of Rural Development and Land Reform and Another (33497/2018) [2019] ZAGPPHC 375; [2019] 4 All SA 511 (GP); 2020 (1) SA 605 (GP) (4 September 2019)

Court

North Gauteng High Court, Pretoria

Case number

33497/2018

Judge

Davis

The court found that the Deputy Director-General's decision not to sell the farm to the applicant but to offer only a long-term lease was procedurally unfair, unreasonable, irrational, and in breach of constitutional obligations. The applicant had a legitimate expectation to purchase the farm, supported by formal approvals and repeated assurances from state officials. The DDG failed to provide reasons for the adverse decision, did not afford the applicant an opportunity to be heard, and relied on policies that were either not applicable or not in force at the relevant time. The court held tha…

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• Promotion Of Administrative Justice Act
• Legitimate Expectation
• Land Redistribution
• Security Of Tenure
• Constitutional Obligation
• Irrationality