Snyers v Mgro Properties (Pty) Ltd and Another

Mr Abraham Snyers had been employed as a farm worker since 1981 and occupied housing on the farm as a consequence of his employment. When the farm was acquired by the respondents in 2010, a new employment and linked housing agreement was concluded, making residence conditional on continued employment. In December 2010 Snyers resigned, allegedly after being pressured to do so in order to access his pension benefits. On the same day he stopped working, he referred a constructive dismissal dispute to the CCMA. While that labour dispute was pending, the respondents served notices to vacate the farm in terms of s 8 of the Extension of Security of Tenure Act 62 of 1997 (ESTA). Despite Snyers’ refusal to vacate, relying on the pending CCMA dispute, the respondents pursued eviction proceedings in the Land Claims Court, which granted an eviction order. Snyers and his wife appealed to the Supreme Court of Appeal.

The appeal was upheld with costs. The order of the Land Claims Court was set aside and substituted with an order dismissing the eviction application with costs.

This case clarifies the interaction between ESTA and labour law by confirming that a farm occupier’s right of residence linked to employment cannot be terminated while a labour dispute concerning the termination of that employment is still pending. It reinforces the constitutional and remedial interpretation of ESTA and strengthens tenure security for farm workers facing eviction linked to disputed dismissals.