Land en Landbouontwikkelingsbank van Suid-Afrika v Conradie

The Land en Landbouontwikkelingsbank van Suid-Afrika, as owner of a farm property in Ceres, sought the eviction of Pierre Conradie, an occupier who leased a house on the farm. The reason for termination of the respondent’s right of residence was the appellant’s intention to sell the property, with prospective purchasers requiring vacant possession. A magistrate granted an eviction order. On automatic review under s 19(3) of the Extension of Security of Tenure Act 62 of 1997 (ESTA), the Land Claims Court set aside the eviction, holding that termination of the right of residence was not just and equitable. By the time the matter reached the Supreme Court of Appeal, the respondent had vacated the property, rendering the dispute moot between the parties.

The appeal succeeded with costs. The order of the Land Claims Court was set aside and substituted with an order confirming the magistrate’s eviction order dated 19 March 2003.

The case clarifies the correct interpretation and application of the ‘just and equitable’ standard under s 8(1) of ESTA. It confirms that eviction cannot be decided on rigid rules (such as sale of property automatically being insufficient), but must follow a fact-specific balancing of statutory factors. The judgment also affirms the SCA’s discretion to hear moot appeals where important recurring questions of law are involved, and provides guidance to magistrates’ courts and the Land Claims Court in ESTA eviction matters.