Snyders and Others v de Jager

The Snyders family had lived on a farm-owned house since 1992 as a result of Mr Snyders’ employment. His employment was terminated in 2008, but the family remained in occupation. In 2009 the farm manager, Ms de Jager, sought their eviction under the Extension of Security of Tenure Act 62 of 1997 (ESTA). An eviction order was granted by the Magistrate’s Court in 2012, confirmed on automatic review by the Land Claims Court. The Supreme Court of Appeal later struck an appeal from the Land Claims Court off the roll on procedural grounds. On 1 October 2015, without notice and while the family was absent, Ms de Jager caused the Sheriff to evict the Snyders family and immediately installed another family in the dwelling. The Snyders family was left without proper accommodation and sought urgent interim relief from the Constitutional Court pending their application for leave to appeal.

The respondent was ordered to take all necessary lawful steps to restore peaceful possession of the dwelling to the applicants pending the outcome of their appeal. The respondent was further ordered to pay the applicants’ costs on the punitive scale as between attorney and client.

The case is significant for affirming the Constitutional Court’s willingness to grant urgent interim relief to protect occupiers under ESTA from unlawful and demeaning evictions. It clarifies that restoration of possession does not equate to authorising unlawful eviction of third parties and underscores constitutional values of dignity, fairness, and humane treatment in eviction processes. It also demonstrates the Court’s readiness to impose punitive costs for abusive litigation conduct.