Miradel Street Investments CC v Mnisi and Others

Miradel Street Investments CC, the owner of Portion 305, Mirabel Street, Pomona Estates Agricultural Holdings, applied under the Extension of Security of Tenure Act 62 of 1997 (ESTA) to evict approximately 375 poor households. Many respondents had lived on the property since before the applicant acquired it in 2001, initially lawfully and with the consent of the prior owner or person in charge, and later with the applicant’s express or tacit consent through lease and sub‑letting arrangements. In 2006 the applicant decided to develop the property commercially and gave notice to vacate, but thereafter tolerated continued occupation for about seven years. In 2014 the applicant terminated the respondents’ rights of residence under section 8(1) of ESTA and sought eviction. The respondents were extremely poor, had long-established homes and livelihoods near the property, and no alternative accommodation was available.

The eviction application was dismissed; the court found the termination of the respondents’ rights of residence under section 8(1) of ESTA to be unjust and inequitable.

The case reinforces that ESTA evictions must comply with constitutional standards of fairness and meaningful engagement. It affirms that landowners cannot terminate ESTA occupiers’ rights of residence without proper participatory processes, especially where occupiers are long‑term, vulnerable residents with no alternative accommodation. The judgment strengthens the alignment of ESTA with PIE jurisprudence on engagement and procedural justice.