Sign in
South Africa Source-linked decisions Coverage checked

South Africa Case Law

Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.

Courts on this page
1 court collection
Last checked

South Africa decisions

Decisions matching the current search

Clear filters
Land And Property [2003] ZALCC 32

Van Dyk and Another v Mthimunye and Another (LCC 38/02)

Van Dyk and Another v Mthimunye and Another (LCC 38/02) [2003] ZALCC 32 (26 May 2003)

The court found that the defendants voluntarily left Eerstelingfontein in 1997, accepted severance, and entered into a new employment agreement elsewhere, thereby waiving any rights as labour tenants. Their return in 1999 as employees of the Trust did not revive those rights. The right of residence was validly terminated following dismissal for absconding and misconduct, and the defendants failed to challenge the dismissal through the appropriate labour dispute mechanisms. The requirements for eviction under section 11 of the Tenure Act were satisfied: the defendants had not resided on the fa…

  • Extension Of Security Of Tenure Act
  • Labour Tenant Eviction
  • Termination Of Right Of Residence
  • Waiver Of Labour Tenant Rights
  • Just And Equitable Eviction
Read case analysis

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.