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[2025] ZALCC 42
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Smit N.O and Others v Taweni and Others (LanC21R2024) [2025] ZALCC 42 (17 October 2025)
IN
THE LAND COURT OF SOUTH AFRICA
, JOHANNESBURG
CASE
NO: LanC21R2024
Magistrate’s
Court Case Number: 26/2024
(1)
REPORTABLE: Yes☐/ No ☒
(2)
OF INTEREST TO OTHER JUDGES: Yes☒ / No ☐
(3)
REVISED: Yes ☐ / No ☒
17
October 2025
In
the matter between:
In the review proceedings
in the case between:
SANET
SMIT N.O
First Applicant
(PREVIOUSLY
STANDER)
JANET
STANDER N.O
Second Applicant
JANNIE
JOHAN STANDER N.O
Third Applicant
ANNA
CATHARINA COETZEE N.O
Fourth Applicant
(IN
THEIR CAPACITIES AS
TRUSTEES
FOR TIME BEING
OF
THE STANDER FAMILY TRUST
and
SAKHIWO
TAWENI
First Respondent
ALL
OTHER UNLAWFUL OCCUPANTS
Second Respondent
BERGRIVIER
LOCAL MUNICIPALITY
Third Respondent
MINISTER
OF AGRICULTURE,
Fourth Respondent
LAND
REFORM AND
RURAL
DEVELOPMENT
ORDER
It
is ordered that:
1.
The First and Second Respondents are ordered to vacate Portion 33 of
the Farm Tweefontein No 81, Piketberg, Western Cape
Province, on or
before 15 January 2026.
2.
Should they fail to vacate the aforementioned property on 15 January
2026, the Sheriff for the area is authorised to secure
their eviction
on 16 January 2026.
3.
Upon vacating the property, should the need arise, the Third
Respondent
shall
assist the Respondent in obtaining emergency accommodation.
JUDGMENT
Meer J,
[1]
This matter came before me on automatic review on 31 October 2024.
The parties were informed that the review would stand
over until a
determination by a Full Court of the Land Court. The determination
concerned
inter alia
the applicability of the mediation
provision in the amended
Section 11(2)
of the
Extension of Security
of Tenure Act 62, of 1997
, to cases that were pending on 1 April
2024, the date of the amendment which introduced the mediation
provision. This matter was
pending before the Piketberg Magistrate’s
Court on that date. The notice of motion in the Picketberg
Magistrate’s Court
is dated 5 March 2024 and the matter was
still pending as of 1 April 2024.
[2]
The judgment of the Full Court in LCC130 /2023 and several other
cases, was handed down on 30 September 2025. Paragraph
4 of the
Court’s order makes clear that the mediation requirement in
Section 11(2)(b)
of ESTA does not apply to eviction proceedings that
were instituted in and pending before the Magistrates Court and Land
Court
before 1 April 2024. Accordingly, the mediation provision does
not apply in the instant case.
[3]
I note moreover that the circumstances of this case pertaining as
they do to the termination of a right of residence on
a determinable
date, namely the termination of the First Respondent’s contract
of employment, fall within the purview of
Section 11(1)
of ESTA,
which is not hit by the mediation requirement, such being applicable
only to
Section 2
of ESTA.
[4]
The facts make clear that the First Respondent’s right of
residence was terminated in accordance with
Section 8(2)
of ESTA
after he was dismissed in accordance with the Labour Relations Act.
They also make clear that all other substantive and
procedural
requirements as set out in Section 8(2) read with Section 9 of ESTA
were satisfied. I accordingly intend confirming
the eviction order
save as to amend the dates specified therein.
Order
[5]
I order as follows:
5.1 The First and Second
Respondents are ordered to vacate Portion 33 of the Farm Tweefontein
No 81, Piketberg, Western Cape, on
or before 15 January 2026.
5.2 Should they fail to
vacate the aforementioned property on 15 January 2026, the Sheriff
for the area is authorised to secure
their eviction on 17 January
2026.
5.3 Upon vacating the
property, should the need arise, the Third Respondent shall assist
the Respondents in obtaining emergency
accommodation.
Y.S MEER
Acting Judge, Land Court