Supreme Court of Appeal Rules Against Eviction of Long-Term Residents in Stellenbosch
Landmark Ruling Protects Retired Couple Under Tenure Act
The Supreme Court of Appeal (SCA) has delivered a significant judgment protecting the rights of long-term rural residents in South Africa. The court ruled that a retired gardener and his wife can remain on their smallholding in Joostenbergvlakte, Stellenbosch, as their case falls under the Extension of Security of Tenure Act (ESTA).
Key Details of the Case
- The couple has lived on the property for 37 years since 1988
- Jacob Pieters was originally employed as a gardener by the landowner
- The family survives on a monthly SASSA old age grant of R1,700
- New landowners initiated eviction proceedings in 2018
Legal Battle Through the Courts
The case saw multiple appeals after the Bellville Magistrate’s Court initially granted an eviction order. The Land Claims Court later ruled that ESTA didn’t apply, but this decision was overturned by the SCA.
A full bench of judges including Acting Judge Leonie Windell and Judge Pieter Meyer found that the property’s rural zoning meant it qualified for ESTA protection, despite arguments that it was earmarked for urban development.
Defining “Township” in South African Law
The court examined multiple legal definitions of “township,” focusing on the presence of public spaces. While the land showed some township characteristics, its agricultural zoning and the Pieters’ long-term residence were decisive factors.
“The attempt to distinguish between ‘rural’ and ‘agricultural’ was artificial,” the court found, noting the blurred lines in Cape Town’s development schemes.
Wider Implications of the Judgment
This ruling sets an important precedent for similar cases in peri-urban farming areas where ESTA’s application has been unclear. The court emphasized interpreting ESTA in line with constitutional rights, particularly for vulnerable farm workers.
The SCA highlighted that the Pieters family’s 34-year residence with the owners’ knowledge strengthened their case. Any future eviction attempts must now comply with ESTA’s stringent requirements.
Source: AllAfrica