Thuthuka Farming v Andries Mofokeng and Others

Thuthuka Farming, the owner of a farm, obtained an eviction order in the Fouriesburg Magistrates’ Court against Andries Mofokeng and other respondents, who were long-term occupiers residing on the land since before 4 February 1997. The eviction was based on allegations including assault by one respondent, theft of zinc sheets, overgrazing, and pressure on the water supply. The matter came before the Land Claims Court on automatic review under section 19(3) of the Extension of Security of Tenure Act 62 of 1997 (ESTA). On review, it emerged that there was no documentary or reliable oral evidence that the respondents’ rights of residence had been lawfully terminated, that proper notices to vacate had been given, or that the procedural and substantive requirements of ESTA for eviction had been complied with.

The eviction order granted by the Magistrates’ Court, Fouriesburg (case number 173/07), was set aside.

This case underscores the strict and peremptory nature of the procedural and substantive protections afforded to occupiers under ESTA. It reinforces the supervisory role of the Land Claims Court on automatic review and confirms that eviction orders will be overturned where there is non-compliance with statutory requirements, even if allegations of misconduct exist.