Tag: Probation Services Act

Respecting residential rights: ESTA and representations

by GilesFiles | Apr 4, 2022 | 2020 onwards, Agriculture, Allowed, Appeals, Bill of Rights, Causes and defences, Costs, Costs not awarded, Courts, Declaratory, Dignity equality freedom, Disallowed, Government, Interpretation etc, Judges, Just and equitable relief, Labour Relations, Legal Practice, Legislation, Metro, Orders, Parties, Private enterprises, SCA judges, Sectors, Statutory, Supreme Court of Appeal, Topics | 0 |

Maluleke NO v Sibanyoni In the context of respecting residential rights is it just and equitable to evict an occupier of rural land without inviting representations? “[27] The failure by the Trust to provide Mr Sibanyoni...

Occupier unlawfully evicted: Probation report required

by GilesFiles | Sep 28, 2018 | 2018, 2018, Applications, Courts, Eviction/ejectment, Evidence & onus, Judges, Landmark judgments, Legal Practice, Legislation, Orders, Practices (LRL 9), SCA judges, Sectors, Supreme Court of Appeal, Topics | 0 |

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...