Moleleki and Others v Far West Dolomitic Water Association and Another

The appellants, Paulinah Moleleki and her children, resided on a farm (Portions 72, 73 and 115 of the Farm Wonderfontein, Carletonville) where the deceased husband/father had lived and worked as an employee of a lessee. After the deceased passed away in 2003, the appellants continued residing on the property for many years without interference. In 2015, the first respondent instituted eviction proceedings in the Magistrate’s Court under the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE). The appellants, unrepresented and allegedly uninformed of their rights to legal aid and language assistance, purportedly consented to an eviction order. Their subsequent application for rescission of the eviction order was dismissed by the Magistrate, prompting this appeal to the Land Claims Court.

The appeal was upheld with costs. The Magistrate’s order dismissing the rescission application was set aside. The eviction order of 22 July 2015 was rescinded, the appellants were granted leave to defend the eviction proceedings, and the matter was remitted to the Magistrate’s Court to be dealt with under ESTA.

The case reinforces the heightened duties of courts in eviction proceedings involving unrepresented and vulnerable occupiers. It affirms that consent eviction orders require informed consent and do not absolve courts from considering all relevant circumstances. The judgment clarifies the distinction between PIE and ESTA and strengthens protections for long-term occupiers on rural land, particularly widows and families of farm workers.