Drumearn (Pty) Ltd and Others v Pieterse and Others

The appellants, owners and managers of the farm Blauwkrans, sought to evict the first respondent, Mrs Christina Pieterse, her adult daughter and minor grandchildren from the foreman’s house on the farm. Mrs Pieterse was the widow of a long‑term employee and occupier who died in 2016. Mrs Pieterse herself had lived on the farm for approximately 19 years with consent and had previously been employed as a domestic worker until ill‑health ended her employment. After her husband’s death, the appellants attempted to persuade her to relocate to alternative accommodation or to purchase property using a provident fund payout. When negotiations failed, the appellants served a notice in terms of section 8(5) of ESTA giving 12 months’ notice and later sought eviction, alleging a fundamental breach of the relationship under section 10(1)(c) of ESTA.

The appeal was dismissed. The eviction application failed and no order as to costs was made.

The case reinforces the protection afforded to long‑term occupiers under ESTA, particularly widows who qualify as occupiers in their own right. It confirms that landowners must correctly characterise an occupier’s legal status and strictly follow the applicable ESTA provisions, and that a negative or uncooperative attitude does not, without more, constitute a fundamental breach justifying eviction.