Molusi v Voges NO

The appellants were peri‑urban occupiers residing on rooms situated on a farm in Rustenburg owned by the respondents as trustees of the Voges Family Trust. Their occupation arose from periodic lease agreements (some written, some oral) concluded around October 2001. The respondents sought to evict the appellants under ESTA after cancelling the leases, alleging non‑payment of rental as a material breach. The appellants disputed this, contending that rental was tendered but refused, and further alleged that they never properly received notices terminating their right of residence. In the Land Claims Court, the respondents additionally relied on the common‑law right of an owner to terminate a periodic lease on reasonable notice, despite this not being the pleaded basis in the founding papers.

The appeal was dismissed. The eviction order granted by the Land Claims Court was confirmed, and the appellants and those occupying under them were ordered to vacate the property by a specified date, failing which the sheriff was authorised to evict them.

The case clarifies that in ESTA eviction proceedings an owner who has pleaded ownership and the existence of a lease may rely on the common‑law right to terminate a periodic lease on reasonable notice, even if a different ground was initially advanced. It affirms that such reliance does not constitute a new cause of action and provides guidance on the interaction between common‑law lease principles and the statutory protections afforded to occupiers under ESTA.