JAD Properties Trust v Tshabalala and Others

The applicant, JAD Properties Trust, purchased a farm known as Delta No 358 in the Fouriesburg district. At the time of purchase, the respondents were already residing on the farm. The first and fourth respondents had been employed by the previous owner. After purchasing the farm, the applicant offered the first respondent employment, which allegedly ended when the first respondent absconded from work. The applicant then sought the eviction of all respondents from the farm. The Magistrate’s Court, Fouriesburg, granted an eviction order on 6 November 2008. That order came before the Land Claims Court on automatic review in terms of section 19(3) of the Extension of Security of Tenure Act 62 of 1997 (ESTA).

The eviction order granted by the Magistrate’s Court, Fouriesburg, under case number 31/2008 was set aside.

This case underscores the strict and peremptory nature of the procedural and substantive requirements for eviction under ESTA. It reinforces that landowners must strictly comply with sections 8 and 9 before an eviction can be ordered, and that failures in notice, termination, or consideration of vulnerable occupiers will result in eviction orders being overturned on review.