Boschbank Plaas (Pty) Ltd and Another v Mahlangu and Another

The applicants, Boschbank Plaas (Pty) Ltd, the registered owner of Boschbank Farm, and its director, sought the eviction of the first and second respondents under the Extension of Security of Tenure Act 62 of 1997 (ESTA). The first respondent had lived on the farm since childhood and was later employed by the second applicant as a domestic worker and guesthouse cleaner, with accommodation provided as part of her employment. Her employment was terminated in November 2005 following disciplinary proceedings related to misconduct, refusal to follow farm rules, and unauthorised activities, including bringing cattle onto a game farm. The second respondent, the first respondent’s sister, moved back onto the farm after losing employment elsewhere. The respondents claimed occupation rights derived from their deceased father. The applicants contended that the first respondent’s right of residence arose solely from employment and that the second respondent occupied the farm without consent. An eviction application was brought after termination of employment and alleged breakdown of the relationship.

An eviction order was granted. The first and second respondents and all persons occupying under them were ordered to vacate Boschbank Farm by 10 August 2010. The Sheriff was authorised to evict them on 17 August 2010 if they failed to comply. No order as to costs was made.

The case illustrates the application of ESTA where an occupier’s right of residence is tied solely to employment and clarifies how courts assess the breakdown of relationships under section 10. It confirms that eviction proceedings will not be indefinitely delayed due to the absence of a probation officer’s report and demonstrates the court’s approach to balancing occupiers’ rights with landowners’ interests in circumstances involving misconduct and alternative accommodation.