July Joseph Magubane and Another v Twin City Developers (Pty) Ltd and Others

The applicants, July Joseph Magubane and Gweje Khumalo, were occupiers who had previously been respondents in an eviction application brought by Twin City Developers (Pty) Ltd and Wetlands Country Retreat (Pty) Ltd. On 13 January 2016, the Land Claims Court granted an eviction order against them in terms of section 10(1) of the Extension of Security of Tenure Act 62 of 1997 (ESTA). The occupiers subsequently applied for leave to appeal against that judgment, contending that the eviction order was granted without the court having requested, obtained, or considered a probation officer’s report as required by section 9(3) of ESTA.

Condonation was granted, leave to appeal was granted limited to issues concerning section 9(3) of ESTA, and costs were ordered to be costs in the appeal.

The case highlights judicial uncertainty regarding the mandatory nature of section 9(3) probation officer reports in ESTA eviction proceedings and underscores the constitutional dimensions of eviction cases, particularly the interaction between ESTA and section 26(3) of the Constitution. It illustrates the Land Claims Court’s role in facilitating appellate clarification on important questions of land tenure security.