South Africa Case Law

Mereki and Others v Moladora Trust and Another (CCT 121/24)

Mereki and Others v Moladora Trust and Another (CCT 121/24) [2025] ZACC 16 (1 August 2025)

Court

Constitutional Court

Case number

CCT 121/24

Judges

Madlanga ADCJ, Dambuza AJ, Goosen AJ, Kollapen J, Majiedt J, Opperman AJ, Rogers J, Theron J, Tshiqi J

The Constitutional Court held that the applicants, as ESTA occupiers, had a right to graze cattle on the farm based on tacit consent, which was protected under ESTA. The Court found that the Trust failed to rebut the statutory presumption of consent triggered by the applicants' uninterrupted residence and use of the land. The termination of grazing rights constituted a deprivation of land use and required compliance with section 8 of ESTA. The Trust's reliance on common law termination was unlawful, as ESTA's procedural safeguards applied to both residence and associated land uses such as gra…

Source excerpt

• Extension Of Security Of Tenure Act
• Tacit Consent
• Termination Of Land Rights
• Eviction Procedure
• Constitutional Interpretation
• Presumption Of Consent

City Of Ekurhuleni Metropolitan Municipality v Chief Albert Luthuli Adhoc Committee and Others (8433/2020)

City Of Ekurhuleni Metropolitan Municipality v Chief Albert Luthuli Adhoc Committee and Others (8433/2020) [2022] ZAGPJHC 898 (18 October 2022)

Court

South Gauteng High Court, Johannesburg

Case number

8433/2020

Judge

ML Senyatsi

The High Court granted the municipality an eviction order against unlawful occupiers of RDP houses, rejecting defences based on tacit consent and lien.

• Prevention Of Illegal Eviction Act
• Unlawful Occupation
• Eviction Proceedings
• Lien Defence
• Tacit Consent
• Bill Of Rights Property

Resnick v Government of the Republic of South Africa and Another (A536/2011)

Resnick v Government of the Republic of South Africa and Another (A536/2011) [2012] ZAWCHC 395; 2014 (2) SA 337 (WCC) (12 October 2012)

Court

Western Cape High Court, Cape Town

Case number

A536/2011

Judges

Davis, Fortuin

The High Court upheld an eviction under PIE, finding no tacit consent to continued occupation, but allowed six months for the appellant to vacate.

• Prevention Of Illegal Eviction Act
• Tacit Consent
• Just And Equitable Eviction
• Lease Termination
• Ubuntu Principle
• Prevention-of-illegal-eviction

Moiloa and Another v Nyokong and Others (128/2007)

Moiloa and Another v Nyokong and Others (128/2007) [2007] ZAFSHC 42 (30 May 2007)

Court

Free State High Court, Bloemfontein

Case number

128/2007

Judge

C.J. Musi

The High Court dismissed an eviction application after finding the occupiers had tacit consent to remain while sale negotiations continued.

• Prevention Of Illegal Eviction Act
• Unlawful Occupation
• Tacit Consent
• Eviction Procedure
• Pie
• Eviction