South Africa Case Law

Sebigi v Strauss (LANC161/2024; LANC161/2024B)

Sebigi v Strauss (LANC161/2024; LANC161/2024B) [2025] ZALCC 2 (15 January 2025)

Court

Land Claims Court

Case number

LANC161/2024; LANC161/2024B

Judge

Flatela

The Court found that the First Respondent's actions—removal of the roof, windows, and doors, disconnection of water and electricity, and installation of a disruptive alarm—constituted constructive eviction, violating the Applicant's rights under sections 5 and 6 of ESTA and section 26 of the Constitution. The evidence showed that the Applicant was an occupier entitled to ESTA protections and that the alternative accommodation offered was inadequate and undignified. The Court held that the Rental Housing Tribunal lacked jurisdiction over ESTA matters and its order for arrear rental was a nulli…

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• Extension Of Security Of Tenure Act
• Constructive Eviction
• Restoration Of Rights
• Urgent Eviction
• Suitable Alternative Accommodation
• Review Of Tribunal Decision

Applewaite Farm (Pty) Ltd v Jaars and Others (LCC 120/2019)

Applewaite Farm (Pty) Ltd v Jaars and Others (LCC 120/2019) [2023] ZALCC 17 (26 May 2023)

Court

Land Claims Court

Case number

LCC 120/2019

Judge

Flatela

The Land Claims Court refused eviction under ESTA but ordered the first to eighth respondents to relocate from Meadows 8 to Village 27 as just and equitable.

• Extension Of Security Of Tenure Act
• Protected Occupier
• Eviction Procedure
• Right To Family Life
• Suitable Alternative Accommodation
• Extension-of-security-of-tenure-act

Daniels and Others v M and Y Tombstone Granite Works (Pty) Ltd and Others (LCC161/2022)

Daniels and Others v M and Y Tombstone Granite Works (Pty) Ltd and Others (LCC161/2022) [2023] ZALCC 19 (23 March 2023)

Court

Land Claims Court

Case number

LCC161/2022

Judge

Ncube

The Land Claims Court ordered suitable alternative accommodation or compensation after finding the applicants’ residence had been demolished without a court order.

• Extension Of Security Of Tenure Act
• Unlawful Eviction
• Suitable Alternative Accommodation
• Constitutional Right To Housing
• Condonation
• Restoration Of Residence

S.G.B v S.L.B (D951/2020)

S.G.B v S.L.B (D951/2020) [2020] ZAKZDHC 67 (30 December 2020)

Court

Kwazulu-Natal High Court, Durban

Case number

D951/2020

Judge

Chetty

The court found that the applicant retained locus standi to seek the respondent's eviction from the matrimonial home, despite no longer being the registered owner, because his right arises from the marriage relationship and the duty to provide suitable accommodation pending divorce. The respondent's occupation is not unlawful under PIE, as her right to reside in the matrimonial home is sui generis and flows from her status as a spouse, not from ownership or possession. The applicant's tender of alternative accommodation, commensurate with the respondent's needs and at a rental not exceeding R…

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• Matrimonial Home Eviction
• Rule 43 Maintenance
• Suitable Alternative Accommodation
• Locus Standi
• Unlawful Occupier Definition
• Application Of Pie

Oranje and Others v Rouxlandia Investments (Pty) Ltd (915/2017; 86/2018)

Oranje and Others v Rouxlandia Investments (Pty) Ltd (915/2017; 86/2018) [2018] ZASCA 183; 2019 (3) SA 108 (SCA) (7 December 2018)

Court

Supreme Court of Appeal

Case number

915/2017; 86/2018

Judges

Maya, Swain, Mathopo, Carelse, Nicholls

The Supreme Court of Appeal held that relocation from one dwelling to another on the same farm does not constitute eviction under ESTA, which only applies to eviction from the land itself. The appellants' right to occupy the manager's house was contractually linked to employment as a manager, which had ended due to medical incapacity. Rouxlandia provided suitable alternative accommodation that met the requirements of ESTA, and the relocation did not infringe the appellants' rights to human dignity or security of tenure. The court found no deficiency in the legislative protection afforded by E…

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• Extension Of Security Of Tenure Act
• Security Of Tenure
• Relocation Of Occupiers
• Constitutional Right To Housing
• Final Interdict
• Suitable Alternative Accommodation

Baron and others v Claytile (Pty) Limited and Another (CCT241/16)

Baron and others v Claytile (Pty) Limited and Another (CCT241/16) [2017] ZACC 24; 2017 (10) BCLR 1225 (CC); 2017 (5) SA 329 (CC) (13 July 2017)

Court

Constitutional Court

Case number

CCT 241/16

Judges

Nkabinde, Cameron, Froneman, Jafta, Khampepe, Madlanga, Mhlantla, Mojapelo, Pretorius, Zondo

The Constitutional Court dismissed an ESTA eviction appeal, holding that the City’s offer of alternative accommodation at Wolwerivier was suitable and the eviction was just and equitable.

• Extension Of Security Of Tenure Act
• Eviction Proceedings
• Suitable Alternative Accommodation
• Constitutional Obligations Of Municipalities
• Just And Equitable Eviction
• Subsidiarity Principle

Rouxlandia Investments (Pty) Ltd v Oranje and Others (LCC122/2016)

Rouxlandia Investments (Pty) Ltd v Oranje and Others (LCC122/2016) [2017] ZALCC 3 (28 March 2017)

Court

Land Claims Court

Case number

LCC122/2016

Judge

Meer

The court granted a relocation order under ESTA, holding that moving occupiers from one house to another on the same farm is not eviction.

• Extension Of Security Of Tenure Act
• Relocation Order
• Mandatory Interdict
• Suitable Alternative Accommodation
• Extension-of-security-of-tenure-act
• Relocation-order

Spaarveld Boerdery (Edms) Bpk v Sefawa and Others (LCC 195/10)

Spaarveld Boerdery (Edms) Bpk v Sefawa and Others (LCC 195/10) [2011] ZALCC 14 (12 December 2011)

Court

Land Claims Court

Case number

LCC 195/10

Judges

M Mpshe, C Loots

The Court found that condonation for the late filing of the appeal should be granted as the delay was not excessive and the respondents would not be prejudiced. The Land Claims Court has jurisdiction because the Magistrate’s decision was made in terms of ESTA. The second to fifth respondents are 'occupiers' as defined by ESTA, having acquired their right of residence through the consent given to the first respondent. The appellant lawfully terminated their right of residence and provided suitable alternative accommodation, as required by ESTA. The requirements for eviction under sections 8, 9…

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• Extension Of Security Of Tenure Act
• Eviction Proceedings
• Suitable Alternative Accommodation
• Right To Housing
• Condonation
• Balance Of Hardship

Elankor Ses (Pty) Ltd v Ngcosholo and Others (LCC 31R/2006)

Elankor Ses (Pty) Ltd v Ngcosholo and Others (LCC 31R/2006) [2010] ZALCC 31 (8 December 2010)

Court

Land Claims Court

Case number

LCC 31R/2006

Judge

Ncube AJ

The Land Claims Court set aside an eviction order because the applicant had not shown suitable alternative accommodation for a long-term farm occupier and family.

• Extension Of Security Of Tenure Act
• Eviction
• Suitable Alternative Accommodation
• Magistrates Court Review
• Extension-of-security-of-tenure-act
• Suitable-alternative-accommodation

Jansen van Rensburg v Khumalo and Others (LCC39R/07)

Jansen van Rensburg v Khumalo and Others (LCC39R/07) [2007] ZALCC 17 (12 June 2007)

Court

Land Claims Court

Case number

LCC39R/07

Judge

Gildenhuys

On automatic review, the Land Claims Court set aside an eviction order under ESTA because residence had not been lawfully terminated and no suitable alternative accommodation was shown.

• Extension Of Security Of Tenure Act
• Eviction Procedure
• Termination Of Right Of Residence
• Suitable Alternative Accommodation
• Extension-of-security-of-tenure-act
• Eviction-procedure