Lebowa Platinum Mines Ltd (the appellant) is a registered mining company that operated on the farm Zeekoegat No 421 KS in the Northern Province. The company built approximately 160 residential houses to accommodate staff for a nominal rental. On 3 August 2004, Gerhard Viljoen (the respondent) commenced employment as Operations Supervisor earning a gross monthly wage of R11,438. He was allocated a family home for R23 monthly rental plus R150 for water and electricity. On 23 May 2006, the respondent was charged with dishonesty. He was found guilty in disciplinary proceedings on 22 June 2006 and dismissed. He challenged his dismissal at the CCMA and was unsuccessful, then launched review proceedings in the Labour Court which remained pending. Under the company's housing policy, dismissed employees were allowed 30 days to vacate company housing. When the respondent refused to vacate after this period, the appellant instituted eviction proceedings in January 2007 in the Pretoria High Court under the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 (PIE). The respondent opposed the proceedings, arguing he was an 'occupier' under the Extension of Security of Tenure Act 62 of 1997 (ESTA) because he was unemployed and the premises were situate on a farm. The matter was transferred to the Land Claims Court.