Pepler N.O. and Others v Lombaard and Others

The Kotie Pepler Children’s Trust, represented by its trustees, applied under the Extension of Security of Tenure Act 62 of 1997 (ESTA) to evict members of the Lombaard family from Cottage 7 on the farm ‘In die Wingerd’ near Stellenbosch. The respondents had lived on the property since the mid‑2000s, initially through employment connections, and later under written lease agreements concluded in 2013 which thereafter continued on a month‑to‑month basis. None of the respondents were still employed on the property. From 2015 the Trust sought to formalise renewed leases as part of repurposing the property, but the respondents refused. After the first respondent’s dismissal in 2018 and ongoing disputes about payment and entitlement to remain, the Trust gave notice in November 2018 inviting representations, engaged over many months, and formally terminated the respondents’ rights of residence on 17 September 2019. The respondents did not vacate, leading to eviction proceedings.

The final outcome and operative eviction order are not available from the provided text because the judgment excerpt ends before the Court’s final determination and order.

The case illustrates the application of ESTA to peri‑urban agricultural land with mixed residential and commercial use, and clarifies that long‑term residence and historical employment ties do not, without more, confer permanent rights of occupation. It reinforces that owners must follow a fair and participatory termination process, but that occupiers’ refusal to regularise occupation can justify termination and eviction where just and equitable.