De Villiers NO of Hugo De Villiers Family Trust and Others v Pietersen and Others (06R2023) [2023] ZALCC 7 (28 February 2023) (Automatic Review)

• Extension of Security of Tenure Act s 6(2)(d) — right to "family life in accordance with the culture of that family"; scope and meaning. • "Family" not limited to nuclear family; may include adult children and extended family depending on just and equitable balancing. • "Family life" right must be balanced with owner’s rights — inquiry infused with justice and equity. • "Culture" under s 6(2)(d) may be associative, but associative issue unnecessary to decide on these facts. • Admission of new evidence under Rule 31 requires relevance to the issues before the Court.

Land claims / Eviction — Extension of Security of Tenure Act 62 of 1997 — section 9(3) probation officer report — necessity to request/consider report before s10(1) eviction — alternative accommodation, hardship and constitutional rights — conflicting authorities — leave to appeal granted.

* Land — ESTA — Termination of occupier’s right of residence — Whether right arising prior to employment contract is preserved and cannot be terminated solely by dismissal under s 8(2). * ESTA — Definition of occupier and presumptions in ss 3(4) and 3(5) — tacit consent and pre-existing occupation. * Procedure — s 9(3) ESTA — probation officer’s report is material and required to assist court in assessing just and equitable eviction.

Restitution of Land Rights Act – sections 11 and 11A – acceptance, publication, amendment and withdrawal of land-claim notices; standard at acceptance phase (arguable case vs proof); procedural fairness and disclosure by Regional Land Claims Commissioner; competing claimants; reliance on incomplete validation report insufficient for mandamus; appropriate relief is rule nisi to show cause.