Voges Family Trust v Molusi and Others

The applicants, trustees of the Voges Family Trust and registered owners of Portion 81 of the farm Boschfontein 330-JQ near Rustenburg, sought the eviction of the first to twelfth respondents. The respondents were long-term occupiers under written and verbal lease agreements concluded between 2000 and 2010. The applicants gave notice on 19 May 2009 purporting to terminate the leases, initially alleging non-payment of rent, which the respondents disputed. During argument, the applicants abandoned non-payment and relied instead on their right as owners to terminate periodic leases on reasonable notice in order to develop the property. The respondents challenged the validity of termination, compliance with service requirements, and the just and equitable nature of eviction under the Extension of Security of Tenure Act 62 of 1997 (ESTA). A probation officer’s report indicated that no suitable alternative accommodation was available.

The first to twelfth respondents and all persons occupying through them were ordered to vacate the property by 31 March 2013. The Sheriff was authorised to evict them on or after 3 April 2013 if they failed to comply. No order as to costs was made.

This case illustrates the application of ESTA to eviction proceedings based on the termination of periodic leases and clarifies that landowners may terminate such leases on reasonable notice, provided the termination and eviction are just and equitable. It underscores the balancing exercise required between ownership rights and occupiers’ tenure security, and confirms that the absence of alternative accommodation does not automatically bar eviction where statutory requirements are met.