Category: Eviction/ejectment

Occupier defined explained: Clash – ESTA and PIE

Droomer NO v Snyders Full bench considered the jurisdictional issues and the possible conflict and overlapping caused by the provisions of the PIE Act and ESTA and  respondents only qualified as ‘occupiers’ if their occupation...

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Eviction fatally defective: Right to reside ended?

Aquarius Platinum (SA) (Pty) v Bonene Supreme Court of Appeal held that purported eviction fatally defective in that the land owner failed to prove that the right to residence had been terminated after employment was terminated....

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Life-right confirmed: Eviction order overturned

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Property deprivation examined: Eviction of tenants

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Eviction orders considered: Unfair rental practices

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Eviction proceedings considered: Utmost good faith

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Occupier unlawfully evicted: Probation report required

Monde v Viljoen NO (Millhurst Farm) Occupier unlawfully evicted in  the absence of a report from the probation officer. “Consistent with the overall purpose of ESTA, s 9(3) forms part of provisions that impose limitations...

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Farm eviction ordered: Balance of convenience requirement

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Constructive eviction: No danger farming buffalo

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Termination of residence: Only after lawful and fair dismissal

Snyders v De Jager (Appeal) (CCT186/15) [2016] ZACC 55 (21 December 2016) per Zondo J (Mogoeng CJ, Moseneke DCJ, Bosielo AJ, Cameron J, Jafta J, Khampepe J, Madlanga J, Mhlantla J and Nkabinde J concurring) The Constitutional...

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Premature eviction notice: Dismissal dispute pending

The SCA allowed the appeal and held that a notice of eviction given in terms of s 8 of Extension of Security of Tenure Act 62 of 1997 (ESTA) before the CCMA has determined a claim for unfair dismissal was premature and invalid. ...

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