Rula Tecno Park (Pty) Ltd v Mahlangu and Others

Rula Tecno Park (Pty) Ltd, the owner of Erf 13 Alsef AH, Roodepoort, instituted eviction proceedings in the Magistrate’s Court against numerous occupiers under the Extension of Security of Tenure Act 62 of 1997 (ESTA). The Magistrate granted an eviction order. In terms of section 19(3) of ESTA, the matter was automatically reviewed by the Land Claims Court. Ngcukaitobi AJ overturned the Magistrate’s eviction order and substituted it with an order dismissing the eviction application, primarily because the applicant had failed lawfully and fairly to terminate the occupiers’ rights of residence. The applicant then applied for leave to appeal against that decision.

The application for leave to appeal was refused. No order as to costs was made.

The judgment reinforces the protective purpose of ESTA and clarifies the scope of the Land Claims Court’s discretion in automatic review proceedings. It confirms that courts are not obliged to hear oral argument or invite submissions in every automatic review and underscores the strict requirements for lawful termination of rights of residence before eviction can be granted.