Jaftha Pekeur and Another v The Fruit Farm Group (Pty) Ltd

The Applicants, Jaftha Pekeur and Magrietha Pekeur, were occupiers residing on the farm Verlorenvlei, owned by the Respondent, The Fruit Farm Group (Pty) Ltd. Mr Pekeur had commenced employment on the farm in 1996, and his right of residence arose from that employment. Mrs Pekeur began occupying the farm in 2005. In December 2025, the Land Court granted an eviction order against both Applicants under the Extension of Security of Tenure Act 62 of 1997 (ESTA). The Applicants subsequently filed an application for leave to appeal out of time and without a formal application for condonation. They sought leave to appeal on several grounds, including alleged misinterpretation of ESTA, failure to consider constitutional rights, and errors regarding alternative accommodation and labour proceedings.

The application for leave to appeal was dismissed. The late filing and failure to bring a condonation application were condoned. No order as to costs was made.

This judgment clarifies the application of the test for leave to appeal in the Land Court and reinforces that appellants must clearly demonstrate reasonable prospects of success on defined grounds. It affirms the interpretation and application of ESTA provisions relating to eviction following fundamental breaches, alternative accommodation, and the interaction between labour proceedings and tenure rights. The decision also illustrates the Court’s pragmatic approach to condonation and its established practice regarding costs in land matters.