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South Africa Case Law

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Land And Property [2007] ZASCA 84

Agrico Masjinerie (Edms) Bpk v Swiers (399/06_)

Agrico Masjinerie (Edms) Bpk v Swiers (399/06_) [2007] ZASCA 84; 2007 (10) BCLR 1111 (SCA); 2007 (5) SA 305 (SCA) (1 June 2007)

The Supreme Court of Appeal held that the respondent ceased to be an ESTA occupier upon voluntarily vacating the property in 1998, as she was not aware of her statutory rights at the time. Her subsequent return without the owner's consent constituted self-help and did not restore her occupier status under ESTA. The respondent's right to claim restoration of occupation exists, but must be exercised through judicial proceedings under s 14 of ESTA. Until such restoration is ordered, her occupation remains unlawful under PIE. The High Court retained jurisdiction as neither party claimed performan…

  • Extension Of Security Of Tenure Act
  • Prevention Of Illegal Eviction Act
  • Waiver Of Tenure Rights
  • Restoration Of Occupation
  • Jurisdiction Of High Court
  • Constitutional Property Rights
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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.