Hexros Plase (Edms) Bpk v Frederick and Another

The applicant, Hexros Plase (Edms) Bpk, applied in the Worcester Magistrate’s Court for an eviction order against the respondents, occupiers on a farm, in terms of the Extension of Security of Tenure Act 62 of 1997 (ESTA). The Magistrate granted an eviction order on 3 September 2012. The matter was then referred to the Land Claims Court on automatic review under section 19(3) of ESTA. On review, the Land Claims Court questioned whether the Magistrate had properly complied with section 8 of ESTA, which requires that the termination of an occupier’s right of residence be just and equitable. The Magistrate explained that the second respondent, Ms Sisane, had been legally assisted, understood the eviction agreement she signed, did so voluntarily, and would only be required to vacate after payment of R5 000. A probation officer’s report was requested but never submitted.

The eviction order granted by the Magistrate on 3 September 2012 was confirmed. The respondents were ordered to vacate the dwelling by 31 January 2013, failing which the Sheriff was authorised to evict them on or after 4 February 2013.

The case illustrates the Land Claims Court’s review function under section 19(3) of ESTA and affirms that eviction orders will be confirmed where magistrates have substantively complied with section 8, even if procedural steps such as probation officer reports are incomplete, provided the termination of residence is just and equitable.