ESTA 9 Archives - GilesFiles

Reviewing eviction order: Employment terminated

by GilesFiles | Jan 15, 2025 | About GilesFiles, Agriculture, Applications, Bill of Rights, Causes and defences, Conduct & capacity, Costs, Courts, Declaratory, Eviction/ejectment, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Land Claims Court, Land Claims Court Judges, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, LRA D: 151-166 LC, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Eviction order refused: Not just and equitable

by GilesFiles | Feb 7, 2023 | Agriculture, Bill of Rights, Causes and defences, Costs, Courts, Declaratory, Dignity equality freedom, Judges, Land Claims Court, Land Claims Court Judges, Legal Practice, Legislation, Objective - correctness, Orders, Parties, Private enterprises, Review tests, Rules Codes & Manual, Sectors, Statutory, Thresholds, Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Grazing livestock rights: Tacit consent granted

by GilesFiles | Nov 11, 2022 | Agriculture, Applications, Bill of Rights, Causes and defences, Contractual breach, Courts, Declaratory, Eviction/ejectment, Evidence & onus, Interdicts & rules, Judges, Jurisdiction & powers, Land Claims Court, Land Claims Court Judges, Legal Practice, Legislation, Orders, Parties, Refused, Sectors, Statutory, Topics, Trustees | 0 |

Moladora Trust v Mereki On what basis do occupiers of farm land enjoy livestock grazing rights and is tacit consent sufficient to establish that right? “”32. The conclusion that there was tacit consent is, in my...

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...

Eviction fatally defective: Right to reside ended?

by GilesFiles | Mar 16, 2020 | 2020 onwards, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Courts, Disallowed, Eviction/ejectment, Judges, Legal Practice, Legislation, MML Maya, Orders, Parties, Private enterprises, SCA judges, Sectors, Statutory, Supreme Court of Appeal, Topics | 0 |

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....

Property deprivation examined: Eviction of tenants

by GilesFiles | Nov 14, 2019 | 2019, Appeals, Balancing interests, Bill of Rights, Causes and defences, Courts, Eviction/ejectment, Judges, Legal Practice, Legislation, Orders, Parties, Private enterprises, SCA judges, Sectors, Supreme Court of Appeal, Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

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...

Ordering farm eviction: Balance of convenience requirement

by GilesFiles | Sep 20, 2018 | 2018, Agriculture, Applications, Causes and defences, Courts, Eviction/ejectment, Interpretation etc, Judges, Legal Practice, Legislation, Orders, SCA judges, Sectors, Supreme Court of Appeal, Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Premature eviction notice: Dismissal dispute pending

by GilesFiles | Sep 30, 2016 | 2016, 2016, Applications, Bill of Rights, Community schemes, Courts, Eviction/ejectment, Landmark judgments, Legal Practice, Legislation, Orders, Statutes (LRL 2)-work, Supreme Court of Appeal | 0 |

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. ...

Tag: ESTA 9