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Cited documents 4
Act
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Agriculture and Land
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Judgment
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Reported
Whether an occupier's ESTA right to family life includes adult/extended family members and how to fairly balance owner's rights.
• 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.
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Failure to afford an occupier an effective pre-termination opportunity to be heard renders termination under s 8(1)(e) ESTA not just and equitable.
* Land – Extension of Security of Tenure Act 62 of 1997 – Termination of right of residence – Requirement that termination be just and equitable both substantively and procedurally – s 8(1)(e) requires an effective opportunity to make representations before termination.
* Eviction procedure – ESTA envisages two-stage process: termination of right of residence then eviction application under s 9.
* Comparative hardship – owner must place particularised evidence of proposed development and hardship; mere assertions insufficient.
* Failure to afford procedural fairness renders termination unlawful and precludes eviction under ESTA.
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