Aquarius Platinum (SA) (Pty) Ltd v Bonene and Others (1177/2018) [2020] ZASCA 7 (16 March 2020)

Jurisdiction: South Africa
Citation: Aquarius Platinum (SA) (Pty) Ltd v Bonene and Others (1177/2018) [2020] ZASCA 7 (16 March 2020)
Media Neutral Citation: [2020] ZASCA 7
Hearing date: 5 November 2019
Court: Supreme Court of Appeal of South Africa
Case number: 1177/2018
Judgment date: 16 March 2020
Language: English
Type: Judgment
Download: Download PDF (298.8 KB)

Flynote: Land – eviction under Extension of Security of Tenure Act 62 of 1997
(ESTA) – ESTA requires two consecutive steps to be taken before an eviction order may
be granted – first, the right of residence of an occupier must be terminated in terms of s
8 – thereafter, a notice of intention to obtain eviction order must be given to the occupier
in terms of s 9 – failure to allege and prove termination of right of residence fatal to
application for eviction.