IN THE LAND COURT OF SOUTH AFRICA
HELD AT RANDBURG
CASE NO.: LANC: 26R2024
MAGISTRATE’S COURTS NO: 463/23
In the matter between:
NASAR BOERDERY (PTY) LTD First Applicant
WILLEM NICHOLAS DE KOCK N.O. Second Applicant
DAWID BURGER JOUBERT N.O Third Applicant
AMANDA DE KOCK Fourth Applicant
(In their capacities as trustees for the time
being of the Dunamis Trust I.T 7564/2006)
and
GERALD GERT THERON First Respondent
SUZETTE ELIZABETH THERON Second Respondent
SUZETTE ELIZABETH THERON (in her capacity as
the mother and legal guardian of Geraldine Theron
and Goodwin Theron both minors) Third respondent
OTHER OCCUPIERS OCCUPYING THE FARM
THROUGH OR UNDER THE FIRST AND
SECOND RESPONDENTS Fourth Respondent
HEAD OF THE WESTERN CAPE PROVINCIAL
OFFICE OF THE DEPARTMENT OF RURAL
DEVELOPMENT AND LAND REFORM Fifth Respondent
BREEDE VALLEY MUNICIPALITY Sixth Respondent
JUDGMENT
MAJOZI AJ:
1. This is a review in terms of section 19(3) of the Extension of Security of
Tenure Act 62 of 1997 (“ESTA”). It relates to the judgment of the district
of Worcester Magistrate Court, per acting Magistrate Giyana wherein the
magistrate granted the following order:
“The first to fourth respondents are ordered to vacate the premises situated
at Rustig Farm, De Doorns on or before 31 January 2025.
Should the respondents mentioned fail to vacate the premises on or before
31 January 2025, the Sheriff is authorised to evict them from the premises
at Rustig Farm, De Doorns by 15 February 2025.
The fourth respondent is ordered to provide emergency housing suitable
for human habitation with access to basic services to the respondents on
or before 30 November 2024.
There is no order as to costs.”
2. I confirm the order, however due to the lapse of time since the order was
granted, I vary the timeframe provided by the Magistrate, in order to
ensure that the sixth respondent is granted sufficient time to provide the
first respondent with alternative accommodation.
3. In the premises, the order of the Magistrate is slightly varied in the
following manner:
3.1. The first to fourth respondents are ordered to vacate the premises
situated at the Rustig Farm, De Doorns on or before 30 June 2026;
3.2. Should the first to fourth respondents fail to vacate the premises on
or before 30 June 2026, the Sheriff is ordered to evict them from
the premises situated at Rustig Farm, De Doorns by 15 July 2026;
3.3. The sixth respondent is ordered to provide emergency housing
suitable for human habitation with access to basic services to the
first to fourth respondents on or before 30 April 2026; and
3.4. There is no order as to costs.
________ ___
M MAJOZI
Acting Judge of the Land
Court of South Africa, Randburg
18 February 2026