Rica Piggery and Abattoir (Pty) Ltd v Phatsoane Moses Dirello

The applicant, Rica Piggery and Abattoir (Pty) Ltd, sought and obtained an eviction order against the respondent, Phatsoane Moses Dirello, in the Magistrates’ Court, Koster, under the Extension of Security of Tenure Act 62 of 1997 (ESTA). The respondent had resided on the farm for approximately 16 years and remained in occupation after termination of his employment. The eviction order included an order that the respondent pay costs. In terms of section 19(3) of ESTA, the matter was referred to the Land Claims Court for automatic review. While the Land Claims Court was satisfied that the substantive and procedural requirements for eviction under ESTA had been met, it questioned the propriety of the costs order made against the respondent.

The eviction order was confirmed. The dates for vacating the premises and for execution of the eviction were substituted in terms of section 12(1) of ESTA. The costs order made by the magistrate was set aside, and no order as to costs was made.

This case reaffirms the Land Claims Court’s consistent approach that costs should not ordinarily be awarded against unsuccessful occupiers in ESTA eviction proceedings unless special or compelling circumstances exist. It reinforces the application of constitutional and social-justice principles to costs awards in land reform and tenure security litigation, aligning ESTA jurisprudence with Constitutional Court guidance in Biowatch and Affordable Medicines.