Ramsauer N.O. and Others v Olivier

The applicants, trustees of the Die Werner Ramsauer Trust, owned a farm on which the respondent had lived and worked since 2009. The respondent’s employment was terminated in June 2013 after he failed to attend a disciplinary hearing. He was thereafter given notice to vacate the premises but failed to do so. After extensions and attempts to secure alternative accommodation failed, the applicants instituted eviction proceedings in the Magistrate’s Court, Worcester. An eviction order was granted by default on 13 January 2014. The matter came before the Land Claims Court on automatic review under section 19(3) of the Extension of Security of Tenure Act 62 of 1997 (ESTA).

The eviction order granted by the magistrate on 13 January 2014 was set aside. The matter was remitted to the magistrate to ensure proper service on the provincial head of the Department, to obtain a probation officer’s report, and to reconsider whether an eviction would be just and equitable in terms of section 11 of ESTA.

The case underscores the strict procedural safeguards required under the Extension of Security of Tenure Act before an occupier may be evicted. It highlights the supervisory role of the Land Claims Court in automatic reviews and reinforces the importance of service on the Department and the consideration of probation officer’s reports in ensuring that evictions are just and equitable.