Quantum Foods (Pty) Ltd v Jansen and Others

Quantum Foods (Pty) Ltd, the owner of Eggland Farm in Uitenhage, Eastern Cape, used for agricultural purposes, applied to evict various occupiers residing in several cottages and a supervisor’s house on the farm. The occupiers included multiple households comprising married couples, adult children, and other adults. Quantum Foods accepted that the respondents were ‘occupiers’ under the Extension of Security of Tenure Act 62 of 1997 (ESTA). Reports revealed that several adult occupiers had not received termination notices and that there were disputes regarding income, housing needs, and engagement with state authorities about alternative accommodation.

The eviction application was not decided. The Court ordered the applicant, occupiers, municipality, and provincial department to engage meaningfully on alternative and emergency accommodation within two months. The municipality was directed to file a supplementary report by 31 July 2024. Leave was granted to the applicant to supplement its papers, with directions for further affidavits, service on all adult occupiers, and provisional re-enrolment of the matter. Costs were reserved.

The case reinforces the procedural and substantive protections afforded to occupiers under ESTA, particularly the need to terminate each adult occupier’s right of residence individually and to ensure meaningful engagement with state authorities before eviction. It underscores the centrality of preventing homelessness and the role of municipalities and provincial departments in eviction proceedings involving vulnerable occupiers.