Viljoen N.O and Others v Plaaitjies and Others (LCC07R/2025) [2025] ZALCC 43 (17 October 2025)

begin wrapper begin container begin header begin slogan-floater end slogan-floater - About SAFLII About SAFLII - Databases Databases - Search Search - Terms of Use Terms of Use - RSS Feeds RSS Feeds end header begin main begin center # South Africa: Land Claims Court South Africa: Land Claims Court You are here: SAFLII >> Databases >> South Africa: Land Claims Court >> 2025 >> [2025] ZALCC 43 | Noteup | LawCite sino index ## Viljoen N.O and Others v Plaaitjies and Others (LCC07R/2025) [2025] ZALCC 43 (17 October 2025) Viljoen N.O and Others v Plaaitjies and Others (LCC07R/2025) [2025] ZALCC 43 (17 October 2025) Download original files PDF format RTF format make_database: source=/home/saflii//raw/ZALCC/Data/2025_43.html sino date 17 October 2025 IN THE LAND COURT OF SOUTH AFRICA , JOHANNESBURG CASE NO: LCC07R2024 Magistrate’s Court Case Number: 469/2021 (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: MECHAU ANDRIES VILJOEN N.O First Applicant ALLETA HELENA VILJOEN N.O. Second Applicant JACOBUS MARTINHUS BURGER N.O. Third Applicant (In the capacity as Trustees for the time being of LE CHASSEUR TRUST [Master Reference No.: 1683/94]) EILANDIA PLASE (PTY) LTD (Registration Number: 1992/005583/07) Fourth Applicant MECHAU ANDRIES VILJOEN Fifth Applicant and EDWIN PLAAITJIES First Respondent SIMONE JOHANNES Second Respondent EDWANO JOHANNES Third Respondent ALL OTHER PERSONS RESIDING WITH, OR UNDER, FIRST TO FOURTH RESPONDENTS AT EMPLOYEE COTTAGE 1 ON DE HEUWEL FARM, LA CHASSEUR, IN THE REGISTRATION DIVISION OF ROBERTSON, WESTERN CAPE PROVINCE Fourth Respondent LANGEBERG MUNICIPALITY Fifth Respondent DEPARTMENT OF RURAL DEVELOPMENT AND LAND REFORM Sixth Respondent ORDER It is ordered that: 1.  The order for the eviction of the First to Fourth Respondents is confirmed on review. 2.  The First to Fourth Respondents shall vacate the premises they occupy on De Heuwel Farm, Farm no 203, Robertson, Western Cape on or before 16 January 2026. 3.  Should the First to Fourth Respondents fail to vacate the aforementioned property on 16 January 2026, the Sheriff for the area is authorised to secure their eviction on 17 January 2026. 4.  Upon vacating the property, should the need arise, the Fifth Respondent shall assist the First to Fourth Respondents in obtaining emergency accommodation. JUDGMENT Meer J [1]  This matter came to this Court on automatic review in terms of Section 19(3) of the Extension of Security of Tenure Act 62 of 1997 (ESTA) on or about March 2024. The review stood 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 ESTA to cases that were pending in the Magistrates’ Court or on review to this Court on 1 April 2024, the date of the amendment which introduced the mediation provision. The review in this matter was pending before this Court on that date. [2]  The judgment of the Full Court was handed down on 30 September 2025 in inter alia Case No LCC130/2023. 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’ Courts and Land Court before 1 April 2024. Accordingly, the mediation provision does not apply in the instant case. [3]  I note moreover that in respect of the First Respondent, the termination of his right of residence was on a determinable date, namely the termination of the First Respondent’s contract of employment.  This falls within the purview of section 11(1) of ESTA, which is not hit by the mediation requirement, such being applicable only to section 11(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, which have passed. [5]  With regard to the other Respondents, I am satisfied that the substantive and procedural requirements as set out in section 8(1) read with section 9 of ESTA were present and that the eviction order thus stands to be confirmed, with an amendment to the eviction dates Order [6]  The following order is made: 1.  The order for the eviction of the First to Fourth Respondents is confirmed on review. 2.  The First to Fourth Respondents shall vacate the premises they occupy on De Heuwel Farm, Farm no 203, Robertson Western Cape on or before 16 January 2026. 3.  Should the First to Fourth Respondents fail to vacate the aforementioned property on 16 January 2026, the Sheriff for the area is authorised to secure their eviction on 17 January 2026. 4.  Upon vacating the property, should the need arise, the Fifth Respondent shall assist the First to Fourth Respondents in obtaining emergency accommodation. Y.S MEER Acting Judge, Land Court sino noindex make_database footer start