Rula Tecno Park (Pty) Ltd v Mahlangu and Others

The applicant, Rula Tecno Park (Pty) Ltd, purchased and became the registered owner of Erf 30 Alsef Agricultural Holdings, Roodepoort, in October 2013. The property had long been occupied by numerous individuals, some since as early as 1991. A prior lease agreement existed between the former owner and Moses Mahlangu, expiring in July 2012, but occupation continued thereafter. The applicant sought eviction of 32 occupiers in the Roodepoort Magistrate’s Court, alleging unlawful occupation, non-payment of rent, damage to property, illegal businesses, and unauthorised structures. The Magistrate granted an eviction order, which came before the Land Claims Court on automatic review under section 19(3) of the Extension of Security of Tenure Act 62 of 1997 (ESTA).

The eviction order granted by the Roodepoort Magistrate’s Court was set aside on automatic review.

The case reaffirms the high threshold for evicting long-term occupiers under ESTA and underscores the protective purpose of the statute. It highlights the duty of courts to carefully assess evidence in eviction matters and the impropriety of granting eviction orders based on unproven allegations in motion proceedings. The judgment also clarifies the treatment of confirmatory affidavits and reinforces procedural fairness in land tenure disputes.