Ncholo Trust v Mphofu and Another

This matter came before the Land Claims Court as an automatic review under section 19(3) of the Extension of Security of Tenure Act 62 of 1997 (ESTA). An additional magistrate in Modimolle had granted a default eviction order on 14 February 2014 against the respondents, who were residing on the remainder of the farm Rhenosterpoort 402 KR, Waterberg district. The respondents were dependants of a long-term occupier who died in December 2003. Notices purporting to terminate their right of residence under section 8(5) of ESTA were served in January 2012. The respondents did not vacate, and eviction proceedings were launched in October 2013. Service of the eviction application was effected on the first respondent only, with no proof of service on the second respondent, the local municipality, or the Department of Rural Development and Land Reform. The magistrate granted the eviction order unopposed, suspending it pending review.

The eviction order granted by the Modimolle Magistrate’s Court was set aside. The applicant was granted leave to approach the court again for an eviction order on the same papers, supplemented where necessary.

This case reinforces the strict, peremptory nature of ESTA’s procedural safeguards in eviction matters and underscores the constitutional dimension of eviction proceedings. It highlights the importance of full compliance with prescribed notices, service requirements on municipalities and government departments, and the duty of courts to ensure that evictions are genuinely just and equitable, particularly where vulnerable farm dwellers are involved.