Nederburg Wines (Pty) Ltd v Nero and Others

The appellant, Nederburg Wines (Pty) Ltd, is the registered owner of Nederburg Estate. The first respondent was employed by the appellant as an irrigator from 1993 until his dismissal in December 2011 following a positive alcohol test in breach of workplace rules. His right of residence on the farm was contractually linked to his employment. The second to fifth respondents are his adult children who resided on the property through him. After termination of employment and notice to vacate, the respondents remained on the property. Nederburg Wines applied to the Land Claims Court for eviction under the Extension of Security of Tenure Act 62 of 1997 (ESTA). The application was unopposed but dismissed by the Land Claims Court without considering a probation officer’s report required under ESTA. The appellant appealed to the Supreme Court of Appeal.

The appeal was upheld with no order as to costs. The order of the Land Claims Court was set aside and replaced with an eviction order against the first to fifth respondents. Execution of the eviction was suspended for 90 days, and the Drakenstein Municipality was ordered to provide temporary emergency accommodation if necessary and to report to the Land Claims Court.

The case clarifies that a probation officer’s report is mandatory in ESTA eviction proceedings and affirms its importance in balancing landowners’ rights with the protection of vulnerable occupiers. It confirms the appellate court’s power to finally determine eviction matters in the interests of justice and provides guidance on conditioning eviction orders to prevent homelessness.