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…
Source excerpt
- Extension Of Security Of Tenure Act
- Labour Tenant Eviction
- Termination Of Right Of Residence
- Waiver Of Labour Tenant Rights
- Just And Equitable Eviction