Nomusa Ndaba v Tony Reginald Braithwaite NO and Others

The applicant, Nomusa Ndaba, had resided on Portion 4 of the farm Venters Lager No. 1291 since 1994 with her family. Her late husband worked on the farm and, according to the applicant, enjoyed labour tenancy rights which allowed residence, grazing of livestock, and cultivation. After ownership passed to the Damview Trust (whose trustees were the respondents), disputes arose following her husband’s death in 2010. The respondents demanded grazing fees for livestock allegedly kept in excess of agreed limits and issued a notice in terms of section 8(5) of ESTA. The applicant alleged threats, harassment, and an impending eviction, and sought a final interdict preventing eviction, removal of livestock, and intimidation.

The application for a final interdict was dismissed.

The case clarifies the evidentiary burden on landowners seeking to rely on alleged oral agreements with deceased occupiers, affirms the doctrine of privity of contract in the context of ESTA, and draws an important distinction between lawful enforcement of ownership rights and conduct amounting to eviction or harassment under ESTA.