Lalibela Management Services (Pty) Ltd v Payi and Others

The applicant, Lalibela Management Services (Pty) Ltd, was the person in charge of a farm in the Eastern Cape. The first and second respondents, siblings, were descendants of farm workers who had lived and worked on the farm for decades. They were born and raised on the farm and qualified as occupiers under the Extension of Security of Tenure Act 62 of 1997 (ESTA). The applicant issued notices purporting to terminate their rights of residence in terms of section 8(1)(e) of ESTA, without affording them an opportunity to make representations. The applicant thereafter instituted eviction proceedings. The Magistrate’s Court dismissed the eviction application against the second respondent due to non-compliance with section 8 of ESTA but granted an eviction order against the first respondent solely because she did not oppose the application. The matter came before the Land Court on automatic review under section 19(3) of ESTA.

The Land Court set aside the eviction order granted by the Magistrate’s Court in respect of the first respondent and dismissed the eviction application against both the first and second respondents. No order as to costs was made.

The case reaffirms that strict compliance with ESTA is mandatory in eviction proceedings and that unopposed applications do not relieve applicants of their burden to establish lawful grounds for eviction. It underscores the principle of legality and the duty of courts to refuse unlawful eviction orders, reinforcing constitutional protections for vulnerable occupiers.