Van der Merwe (N.O. of the Noordhoek Trust) and Another v Klaase; In re Klaase v Van der Merwe (N.O. of the Noordhoek Trust) and Others

The Noordhoek Trust, owner of a farm in Citrusdal, and its trustee/lessee sought the eviction of Jan Klaase, a long-term farm worker and occupier, under the Extension of Security of Tenure Act 62 of 1997 (ESTA). The Magistrate’s Court granted an eviction order, which was confirmed on automatic review by the Land Claims Court in March 2014. Jan Klaase applied for leave to appeal to the Supreme Court of Appeal. Separately, his wife, Elsie Klaase, launched an application to be joined to the proceedings, claiming that she was an occupier in her own right under ESTA by virtue of long-term residence and alleged permanent employment on the farm, and sought a stay of execution of the eviction. Jan Klaase also sought a stay of execution pending the determination of his wife’s ESTA rights.

All applications were refused: Elsie Klaase’s joinder and stay applications, Jan Klaase’s application for a stay of execution, and Jan Klaase’s application for leave to appeal. The eviction dates were amended, requiring vacating by 14 November 2014 and permitting eviction from 17 November 2014. No order as to costs was made.

The judgment clarifies the distinction under ESTA between an occupier in his or her own right and a resident deriving rights through family life, reaffirming that not all long-term residents qualify as occupiers. It also confirms the procedural position that appeals against Magistrates’ eviction orders confirmed on review lie to the Land Claims Court, not the Supreme Court of Appeal, reinforcing precedent in Magodi and Rashavha.