Molusi v Voges NO (1008/13)  ZASCA 64 (08 May 2015) per Mpati P.
The appeal was disallowed, but by a divided Supreme Court of Appeal. The appellants and all other persons occupying under or through them were ordered to vacate a certain portion of a farm in Boschfontein in Rustenburg on or before 7 June 2015. Failing compliance with the order, the Sheriff for the district of Rustenburg was authorised to evict them from the farm. The owner was allowed to rely on its common law ground of ownership of leased property and it was not a new cause of action. The owner complied with the provisions of the Extension of Security of Tenure Act 62 of 1997. In initially relying on that Act the owner has not waived its right to rely on its common law ground of ownership.