Old Abland (Pty) Ltd v Hanekom and Others; Old Abland (Pty) Ltd v Jacobs and Others

Old Abland (Pty) Ltd, the owner of a farm property at Topshell Park, Lynedoch, Stellenbosch, sought the eviction of two families (the Hanekom family and the Jacobs family) who resided on the property. The respondents were former employees of the previous owner and had been provided accommodation as part of their employment. Their employment terminated in 2007, but they remained in occupation openly and continuously until eviction proceedings were instituted in 2013. Old Abland purchased the property in 2008 and attempted to regularise occupation through lease agreements and later offered each family R80,000 and relocation assistance to secure alternative accommodation. The respondents rejected the offer as insufficient and contended that eviction would render them homeless. The Magistrates’ Court granted eviction orders subject to payment of R80,000 to each family. Old Abland appealed and the respondents cross-appealed to the Land Claims Court.

The appeal by Old Abland (Pty) Ltd was dismissed. The cross-appeal by the respondents was upheld. The eviction orders granted by the Magistrates’ Court were set aside.

This case reinforces the protective purpose of the Extension of Security of Tenure Act and clarifies that former employee-occupiers who remain in open and continuous occupation after dismissal may acquire protected rights of residence by operation of sections 3(4) and 3(5). It underscores the necessity of substantive and procedural fairness, including meaningful engagement, before termination and eviction, and affirms the constitutional requirement that evictions under ESTA must be just and equitable.