Snyders v De Jager

The appellants, Karel Snyders, his wife Sofia Snyders and their minor children, resided on the farm Voorbaat in the Ladismith district. The farm was owned by a third party and managed by the respondent, Louisa Frederika de Jager. In 2009 the respondent applied in the Ladismith Magistrate’s Court for the appellants’ eviction in terms of the Extension of Security of Tenure Act 62 of 1997 (ESTA). After an inspection in loco and consideration of affidavits and oral evidence, the magistrate granted an eviction order in November 2012. The eviction order was automatically reviewed by the Land Claims Court (LCC) under s 19(3) of ESTA and was confirmed. The appellants sought leave to appeal against the LCC’s confirmation, which the LCC purported to grant, and they appealed to the Supreme Court of Appeal on the merits of the eviction.

The appeal was struck from the roll for lack of jurisdiction, with costs awarded against the appellants.

The case clarifies the appellate structure under ESTA and confirms that no appeal lies to the Supreme Court of Appeal against an LCC order that merely confirms a magistrate’s eviction order on automatic review. It reinforces the distinction between appeals and reviews in South African procedural law and affirms the proper hierarchy of courts in ESTA matters.