Monde v Viljoen NO and Others

The appellant, Mr Monde, was employed as a general farm worker on Millhurst Farm in De Doorns, Western Cape, from 6 January 1995 and was provided with on-farm accommodation. The respondents, the owners and managers of the farm, contended that the appellant’s right of residence arose solely from an employment contract concluded in November 2011. In March 2013, the appellant was dismissed for being absent without leave. The respondents argued that upon termination of his employment, his right of residence automatically terminated. An eviction order was granted by the Worcester Magistrate’s Court and confirmed on automatic review by the Land Claims Court (LCC) in terms of s 19(3) of the Extension of Security of Tenure Act 62 of 1997 (ESTA). The appellant appealed to the Supreme Court of Appeal (SCA).

The appeal was upheld and the eviction order granted by the Worcester Magistrate’s Court, and confirmed by the Land Claims Court, was set aside.

This case reinforces the protective purpose of ESTA by clarifying that landowners bear the onus of proving that an occupier’s right of residence is solely employment-based and lawfully terminated. It also confirms the mandatory nature of probation officer’s reports under s 9(3) of ESTA, strengthening procedural safeguards against unlawful evictions and ensuring consideration of constitutional rights in eviction proceedings.