Kudus Kloof Trust v Teni and Others

Kudus Kloof Trust, the registered owner of Killarney Farm No 415 near Komga in the Eastern Cape, sought the eviction of eleven respondents residing on the farm. The Trust intended to develop the property into a game farm and proposed relocating the respondents to another portion of the farm, offering alternative accommodation. The respondents refused relocation, citing long-term occupation, use of the land for cultivation and grazing, and concerns about the suitability of the alternative land, particularly during the rainy season. The Magistrate’s Court in Komga granted an eviction order in March 2008 in the respondents’ absence. A rescission application by the respondents was unsuccessful. The eviction order was referred to the Land Claims Court for automatic review under section 19(3) of the Extension of Security of Tenure Act 62 of 1997 (ESTA).

The eviction order granted by the Magistrate’s Court, Komga, in case number 22/07 was set aside in its entirety.

The case underscores the strict compliance required with ESTA before an eviction may be ordered and reaffirms the protective purpose of the Act. It highlights the supervisory role of the Land Claims Court in ensuring that magistrates properly apply sections 9, 10 and 11 of ESTA and adequately balance landowners’ rights with occupiers’ constitutional and statutory rights to security of tenure.