Aquarius Platinum (South Africa) (Pty) Ltd v Bonene Sebajoa and Others

Aquarius Platinum contracted Murray & Roberts Cementation to conduct mining operations on the farm Kroondal 304. The respondents were employees of Murray & Roberts and resided in hostels on the farm. Following an unprotected strike in 2009, the employees were dismissed, but challenged their dismissals under the Labour Relations Act. Aquarius obtained an eviction order from the High Court and the occupiers were evicted, after which the hostels were demolished. The Land Claims Court later restored their rights of residence under ESTA. Aquarius subsequently became their employer in terms of s 197 of the LRA and leased the hostel facilities. After protracted labour litigation, the occupiers’ employment was finally terminated between 2014 and 2016. Aquarius then served notices of intention to evict in terms of s 9 of ESTA, but never served notices terminating the occupiers’ rights of residence under s 8. The Land Claims Court dismissed the eviction application, leading to this appeal.

The appeal was dismissed with costs.

The case reaffirms the strict two-stage eviction process under ESTA and confirms that termination of employment does not automatically extinguish an occupier’s right of residence. It underscores the protective purpose of ESTA and the procedural and substantive fairness required before eviction, strengthening security of tenure for vulnerable occupiers.