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South Africa Case Law

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Land And Property [2018] ZALCC 24

Goedverdiend Plase Pty Ltd v Andrews and Another (LCC232/2017)

Goedverdiend Plase Pty Ltd v Andrews and Another (LCC232/2017) [2018] ZALCC 24 (15 June 2018)

Court
Land Claims Court
Case number
LCC232/2017
Judges
YS Meer, S Potterill

The court found that the Second Respondent and her children are occupiers under ESTA, with rights of residence stemming from statutory consent, not merely from the First Respondent's employment contract or the housing agreement. The Constitutional Court's decision in Klaase is binding and establishes that spouses and children who have resided openly and continuously on the land are occupiers in their own right. The principle of pacta sunt servanda does not override statutory rights under ESTA, which are protected by the Constitution. The termination of the Second Respondent's residence was no…

Source excerpt

  • Extension Of Security Of Tenure Act
  • Just And Equitable Eviction
  • Right To Family Life
  • Termination Of Occupancy
  • Consent To Reside
  • Pacta Sunt Servanda Limitations
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Land And Property [2011] ZAWCHC 90

Annenprop 5 (Pty) Ltd v Respondents listed on Annexure "A" and Others (13782/09)

Annenprop 5 (Pty) Ltd v Respondents listed on Annexure "A" and Others (13782/09) [2011] ZAWCHC 90 (14 April 2011)

Court
Western Cape High Court, Cape Town
Case number
13782/09
Judge
Baartman

The court found that the respondents are in unlawful occupation of Erf 5315 Macassar, as their right to occupy was based on prior owners' consent, which was lawfully terminated by the applicant through proper notice. The respondents' claims under IPILRA and ESTA were rejected, as their occupation did not meet the statutory requirements. The City of Cape Town has constitutional and statutory obligations to provide access to adequate housing for persons facing eviction, but these obligations must be fulfilled within available resources and through integrated planning. The City failed to engage…

Source excerpt

  • Prevention Of Illegal Eviction Act
  • Right To Adequate Housing
  • Municipal Obligations
  • Termination Of Occupancy
  • Housing Subsidies
  • Structural Interdict
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.