Loskop Landgoed Boerdery (Pty) Ltd and Others v Petrus Moeleso and Others

The respondents were long-term residents and occupiers on the farm Barnea 231 in the Free State, qualifying as occupiers under the Extension of Security of Tenure Act 62 of 1997 (ESTA). With the consent of the landowner, they grazed cattle on two designated grazing camps. The appellants, citing serious overgrazing and their statutory duties under the Conservation of Agricultural Resources Act 34 of 1983 (CARA), unilaterally reduced the respondents’ grazing area by removing their cattle from two camps and relocating them to another camp on the same farm, without a court order and against the respondents’ wishes. The respondents approached the Land Claims Court seeking declaratory and restorative relief, alleging unlawful self-help and an eviction ‘through the back door’. The Land Claims Court granted relief in their favour, including an order restoring grazing of similar capacity and awarding costs. The appellants appealed to the Supreme Court of Appeal.

The appeal succeeded in part. The declaration that the appellants’ conduct was unlawful was upheld. The order requiring provision of alternative grazing of similar capacity was set aside and replaced with an order restoring possession of the two original grazing camps to the respondents. The Land Claims Court’s costs order was set aside and replaced with an order that each party pay its own costs. No order was made as to the costs of the appeal.

This judgment clarifies the distinction between eviction under ESTA and spoliation of grazing rights, confirming that the removal of livestock does not per se amount to an eviction. It reaffirms that grazing rights of occupiers are not inherent ESTA rights but depend on consent, while simultaneously emphasising that landowners may not resort to self-help even when acting to comply with statutory duties under CARA. The case underscores the continued importance of the mandament van spolie in land and tenure disputes and cautions courts against granting relief not founded in the pleadings.