Nilgro Properties (Pty) Ltd and Another v Snyers and Another

The applicants, Nilgro Properties (Pty) Ltd (owner) and Mouton Citrus (Pty) Ltd (operator), sought eviction of the respondents from farm accommodation on Houtkaprus farm, Citrusdal, under the Extension of Security of Tenure Act 62 of 1997 (ESTA). The first respondent, a long-term farm worker employed since 1982, resigned voluntarily in January 2011 shortly after concluding a new employment contract with the second applicant. His employment contract and a linked housing agreement provided that his right of residence would terminate upon termination of employment. After resignation, notices to vacate were served, but the respondents refused to vacate. The first respondent alleged he was pressured to resign to obtain pension benefits, which was disputed by the applicants. A late referral to the CCMA was dismissed for lack of jurisdiction. The second respondent, his wife, claimed an independent right of residence, which the applicants denied.

The respondents were ordered to vacate House No. 3 on the farm Houtkaprus, Citrusdal, by 17 June 2014, failing which the Sheriff was authorised to evict them on 18 June 2014. No order as to costs was made.

The case clarifies the application of ESTA where a farm worker voluntarily resigns and confirms that derivative rights of residence of family members fall away when the primary occupier’s rights terminate. It also affirms that late and unsuccessful CCMA referrals do not invalidate ESTA eviction notices, and reiterates that the constitutional right of access to housing is generally enforceable against the state, not private landowners.