It was submitted that when notice is given to terminate an occupier’s right of residence and that notice sets out the grounds upon which the right is being terminated the owner is irrevocably bound to those grounds and can advance no others in support of the claim for an eviction order. I am not sure that this is correct. After all there is no obligation on the owner of the property, when terminating the right of residence to provide reasons for that decision or to set out grounds therefor. It is not even a requisite for the validity of the termination that it be in writing or comply with any formalities. There seems to be no reason why the right cannot be validly terminated by the owner informing the occupier orally that the right of residence is terminated or will be terminated after expiry of a specified period of notice. In most instances termination of the right of residence is likely to take place in a relatively informal exchange between owner and occupier. It is only at the stage where the owner intends seeking an eviction order that the owner is obliged, and then only because the prescribed form requires it, to specify the grounds upon which an eviction order is to be sought.
Sterklewies (Pty) Ltd t/a Harrismith Feedlot v Msimanga (456/2011) [2012] ZASCA 77; 2012 (5) SA 392 (SCA); [2012] 3 All SA 655 (SCA) (25 May 2012) per Wallis JA at para [18]..