Klaase and Another v van der Merwe NO and Others [2016] ZACC 17 (14 July 2016)

Land Reform – eviction under the Extension of Security of Tenure Act 62 of 1997 – whether termination of the occupiers’ right of residence on a farm just and equitable – whether judgment previously granted by a magistrate’s court rendered the claim in the Land Claims Court res judicata.

 Land – land reform – Extension of Security of Tenure Act 62 of 1997 (ESTA) – whether eviction order just and equitable – fundamental breach of relationship between occupier and owner under s 10(1)(c) – occupier unlawfully removing building materials and erecting illegal structure on land – fundamental breach of relationship justifying eviction – opportunity for representations under s 8(1)(e) of ESTA – not required in the circumstances – appeal upheld.

Extension of Security of Tenure Act 62 of 1997

Eviction