Timothy Maluleke N.O. v Daniel Phellimon Sibanyoni and Others

The appellant, Timothy Maluleke N.O., acting as trustee of the Hlaniki Trust, purchased a farm in Gauteng in 2015. The Trust later sought to evict the first respondent, Mr Daniel Sibanyoni, who had lived on the farm since birth, together with his family. Mr Sibanyoni’s parents had resided and worked on the farm under a long-standing informal arrangement with the previous owner. Mr Sibanyoni occupied a labourer’s cottage and kept livestock. Although initially disputed, the Trust ultimately conceded that Mr Sibanyoni was an 'occupier' under the Extension of Security of Tenure Act 62 of 1997 (ESTA) and that he had resided on the farm before 4 February 1997. The Trust purported to terminate his right of residence by letter without engaging him beforehand or giving him an opportunity to make representations. Mr Sibanyoni refused to vacate, and eviction proceedings were instituted. The Land Claims Court dismissed the eviction application, leading to this appeal.

The appeal was dismissed. No order as to costs was made.

This case reinforces the strict procedural fairness requirements under section 8 of ESTA and confirms that landowners must engage meaningfully with occupiers before terminating rights of residence. It underscores that failure to provide an effective opportunity to make representations renders a termination unlawful and invalid, thereby precluding eviction. The judgment strengthens occupiers’ tenure security and aligns ESTA jurisprudence with constitutional values of dignity, fairness, and equity.