Nasar Boerdery (Pty) Ltd and Others v Theron and Others

The applicants, trustees of the Dunamis Trust and owner-related parties of Rustig Farm, De Doorns, sought the eviction of the first to fourth respondents and other occupiers residing on the farm. The matter arose under the Extension of Security of Tenure Act 62 of 1997 (ESTA). The Worcester Magistrate’s Court granted an eviction order, authorising eviction by the sheriff if the respondents failed to vacate by specified dates, and directed the Breede Valley Municipality to provide emergency housing. The matter came before the Land Court on automatic review in terms of section 19(3) of ESTA.

The eviction order was confirmed but varied. The respondents were ordered to vacate Rustig Farm by 30 June 2026, failing which the sheriff was authorised to evict them by 15 July 2026. The Breede Valley Municipality was ordered to provide emergency housing with access to basic services by 30 April 2026. No order as to costs was made.

The case illustrates the supervisory role of the Land Court in ESTA matters and reaffirms that eviction orders must be just and equitable, including realistic and humane timelines. It highlights the court’s willingness to vary eviction orders on review to accommodate constitutional obligations relating to housing and the responsibilities of municipalities.