Extension of Security of Tenure Land Act 62 of 1997 Archives

Protected continued occupation: Farm property and ESTA

by GilesFiles | Aug 5, 2025 | Agriculture, Applications, Causes and defences, Courts, Declaratory, Disallowed, Eviction/ejectment, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Land Claims Court, Land Claims Court Judges, Lawfulness & fairness, Legal Practice, Legislation, LRA 1995, LRA D: 151-166 LC, Orders, Parties, Private enterprises, Refused, Rules Codes & Manual, Sectors, 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,...

Occupier construction rights: Improve not build

by GilesFiles | Oct 5, 2022 | Agriculture, Applications, Bill of Rights, Causes and defences, Costs, Costs not awarded, Courts, Declaratory, Evidence & onus, Granted, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Land Claims Court, Land Claims Court Judges, Legal Practice, Legislation, Orders, Parties, Private enterprises, Rules Codes & Manual, Sectors, Statutory, 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,...

Land occupation issues: ESTA and PIE distinguished

by GilesFiles | Apr 29, 2022 | 2020 onwards, Agriculture, Allowed, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Community schemes, Costs, Costs not awarded, Courts, Declaratory, Eviction/ejectment, Evidence & onus, Exceptions/special pleas, Hearsay, Interpretation etc, Judges, Landmark judgments, leave to appeal, Legal Practice, Legislation, Orders, Parties, Private enterprises, SCA judges, Sectors, Special pleas, Statutory, Supreme Court of Appeal, Topics | 0 |

Frannero Property Investments 202 (Pty) Ltd v Selapa In deciding occupation of land issues when are occupants covered by the Extension of Security of Tenure Act 62 of 1997 (ESTA)? “[24] Consistent with the basic common law...

Eviction just and equitable: Relationship breached

by GilesFiles | Sep 30, 2021 | 2020 onwards, Agriculture, Allowed, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Costs, Costs not awarded, Courts, Declaratory, Delict, Eviction/ejectment, Exceptions/special pleas, Interpretation etc, Judges, Jurisdiction & powers, Just and equitable relief, Legal Practice, Legislation, Orders, Parties, Private enterprises, SCA judges, Sectors, Special pleas, Supreme Court of Appeal, Topics | 0 |

Nimble Investments (Pty) Ltd v JM In considering whether an eviction order would be just and equitable and by a majority decision the SCA confirmed there were two issues. “The first is whether an order for the eviction of...

Protected occupier saved: Eviction order set aside

by GilesFiles | Oct 13, 2020 | 2020 onwards, Agriculture, Allowed, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Costs, Costs punitive, Courts, Declaratory, Eviction/ejectment, Evidence & onus, Judges, Labour Relations, Legal Practice, Legislation, Orders, Parties, Private enterprises, Review tests, SCA judges, Sectors, Statutory, 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,...

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,...

Tag: Extension of Security of Tenure Land Act 62 of 1997

Protected continued occupation: Farm property and ESTA

Occupier construction rights: Improve not build

Land occupation issues: ESTA and PIE distinguished

Eviction just and equitable: Relationship breached

Protected occupier saved: Eviction order set aside

Eviction fatally defective: Right to reside ended?

Property deprivation examined: Eviction of tenants