South Africa Case Law

Dreyer and Dreyer CC v N.J.M and Others (03R/2025)

Dreyer and Dreyer CC v N.J.M and Others (03R/2025) [2025] ZALCC 13 (14 March 2025)

Court

Land Claims Court

Case number

03R/2025

Judge

Tebeile S.S.

The Land Claims Court found that the Magistrate's Court erred in accepting the Applicant's argument that the First Respondent's right of residence was solely linked to his employment. The evidence, including the probation officer's report, established that the First Respondent had resided on the farm since 1993, predating the employment relationship and thus falling under section 10 of the Extension of Security of Tenure Act. The Magistrate's Court failed to properly consider the probation officer's report, which highlighted the lack of suitable alternative accommodation and the risk of homel…

Source excerpt

• Extension Of Security Of Tenure Act
• Eviction Proceedings
• Right To Adequate Housing
• Children Rights
• Just And Equitable Eviction
• Termination Of Right Of Residence

Lotter N.O and Others v Campbell and Others (LCC19R/2024)

Lotter N.O and Others v Campbell and Others (LCC19R/2024) [2024] ZALCC 29 (6 September 2024)

Court

Land Claims Court

Case number

LCC19R/2024

Judge

S C Mia

Automatic review under ESTA of an eviction order from the magistrates’ court. The Land Claims Court confirmed the order but extended the vacation date.

• Extension Of Security Of Tenure Act
• Eviction Proceedings
• Just And Equitable Test
• Termination Of Right Of Residence
• Municipal Obligations
• Settlement Agreement

Francois and Another v Ficks and Others (81/2023;)

Francois and Another v Ficks and Others (81/2023;) [2024] ZALCC 6 (29 January 2024)

Court

Land Claims Court

Case number

81/2023

Judges

Y S Meer, M T Ncube

The Land Claims Court upheld an ESTA eviction appeal, finding the termination of residence just and equitable and linking eviction to municipal emergency accommodation.

• Extension Of Security Of Tenure Act
• Just And Equitable Eviction
• Alternative Accommodation
• Municipal Housing Obligation
• Termination Of Right Of Residence
• Constitutional Right To Housing

Boplaas Landgoed 1743 (Pty) Ltd and Another v van der Hanse and Others (LCC47/2023 ; LCC48/2023)

Boplaas Landgoed 1743 (Pty) Ltd and Another v van der Hanse and Others (LCC47/2023 ; LCC48/2023) [2024] ZALCC 5 (29 January 2024)

Court

Land Claims Court

Case number

LCC47/2023 ; LCC48/2023

Judges

Y S Meer, B Spilg

Appeal in an ESTA eviction matter upheld. The Land Claims Court ordered eviction, but linked it to phased municipal alternative accommodation and emergency housing.

• Eviction Under Esta
• Just And Equitable Eviction
• Alternative Accommodation
• Municipal Housing Obligation
• Termination Of Right Of Residence
• Esta-eviction

Gruft N.O and Others v Muller and Others (LCC33R/2023)

Gruft N.O and Others v Muller and Others (LCC33R/2023) [2024] ZALCC 4 (25 January 2024)

Court

Land Claims Court

Case number

LCC33R/2023

Judge

Y S Meer

The court confirmed the eviction of the First Respondent as his right of residence was lawfully terminated following his dismissal for gross misconduct, which was confirmed by the CCMA and complied with the requirements of ESTA. However, the Second to Fourth Respondents had resided on the farm continuously since 2007 with the Applicants' knowledge, making them occupiers in their own right under ESTA. Their rights of residence were not individually terminated in accordance with section 8(1) of ESTA, nor were the relevant factors considered. The notices relied upon by the Applicants failed to a…

Source excerpt

• Extension Of Security Of Tenure Act
• Eviction Proceedings
• Termination Of Right Of Residence
• Consent To Occupy
• Just And Equitable Termination

First Reality (Krugersdorp) (Pty) Ltd v G Mitchell and others (LCC 123/2018)

First Reality (Krugersdorp) (Pty) Ltd v G Mitchell and others (LCC 123/2018) [2021] ZALCC 6 (13 April 2021)

Court

Land Claims Court

Case number

LCC 123/2018

Judge

Carelse

The Land Claims Court dismissed an eviction application under ESTA because the applicant failed to prove valid termination of residence and procedural compliance.

• Extension Of Security Of Tenure Act
• Eviction Proceedings
• Right To Family Life
• Termination Of Right Of Residence
• Just And Equitable Standard
• Procedural Fairness

Delta 200 Properties (Pty) Ltd v D and Others (LCC31/2019)

Delta 200 Properties (Pty) Ltd v D and Others (LCC31/2019) [2020] ZALCC 24 (12 August 2020)

Court

Land Claims Court

Case number

LCC31/2019

Judge

Cowen

The court found that Mr and Mrs D are ESTA occupiers entitled to protection, but neither was an occupier on 4 February 1997, making section 11 of ESTA applicable. The applicant lawfully terminated their rights of residence through a procedurally fair process, affording them an opportunity to make representations. The substantive grounds for termination were just and equitable, given the breakdown of the relationship, lack of rental payments, and the applicant's commercial interests. The respondents' financial hardship and disruption to their children's education were considered, but the court…

Source excerpt

• Extension Of Security Of Tenure Act
• Eviction Of Occupiers
• Just And Equitable Eviction
• Termination Of Right Of Residence
• Compensation For Improvements
• Procedural Fairness

Aquarius Platinum (SA) (Pty) v Bonene and Others (1177/2018)

Aquarius Platinum (SA) (Pty) v Bonene and Others (1177/2018) [2020] ZASCA 7; [2020] 2 All SA 323 (SCA); 2020 (5) SA 28 (SCA) (16 March 2020)

Court

Supreme Court of Appeal

Case number

1177/2018

Judges

MAYA, SALDULKER, VAN DER MERWE, MOCUMIE, DOLAMO

The Supreme Court of Appeal held that the appellant failed to comply with the statutory requirements for eviction under the Extension of Security of Tenure Act. Specifically, the appellant did not terminate the occupiers' right of residence as required by section 8 of ESTA. The court emphasized that termination of employment does not automatically result in termination of the right of residence; a separate and specific notice of termination must be given. The appellant only served notices of intention to obtain eviction orders under section 9, and in some cases, these were served before emplo…

Source excerpt

• Extension Of Security Of Tenure Act
• Eviction Procedure
• Termination Of Right Of Residence
• Just And Equitable Standard

Cosmopolitan Projects Johannesburg (Pty) Ltd v Leoa and Others (LCC174/2016)

Cosmopolitan Projects Johannesburg (Pty) Ltd v Leoa and Others (LCC174/2016) [2019] ZALCC 1 (31 May 2019)

Court

Land Claims Court

Case number

LCC174/2016

Judge

Barnes AJ

The applicant failed to establish that the requirements of section 8 of ESTA were met. The termination of the respondents' right of residence was not lawful, just or equitable, as the respondents were not afforded procedural fairness or an opportunity to make representations before the decision was made. The settlement agreement and consent forms could not validly waive the respondents' statutory rights under ESTA. The notice relied upon by the applicant was insufficient and impermissibly conflated procedural steps. The applicant is not entitled to an eviction order, and the application must…

Source excerpt

• Extension Of Security Of Tenure Act
• Eviction Requirements
• Termination Of Right Of Residence
• Procedural Fairness
• Settlement Agreements
• Just And Equitable Standard

Hupp Properties (RF) (Pty) Ltd and Others v Moneni and Others (LCC308/2017)

Hupp Properties (RF) (Pty) Ltd and Others v Moneni and Others (LCC308/2017) [2019] ZALCC 18 (10 May 2019)

Court

Land Claims Court

Case number

LCC308/2017

Judge

Canca

The Land Claims Court granted an ESTA eviction, finding the occupiers’ residence was lawfully terminated and that alternative accommodation arrangements were adequate.

• Extension Of Security Of Tenure Act
• Eviction Of Occupiers
• Just And Equitable Eviction
• Alternative Accommodation
• Termination Of Right Of Residence
• Constitutional Right To Housing