A Barrydale family will remain in their home after the Land Court in Cape Town dismissed an appeal by the landowner against an earlier ruling from the Swellendam Magistrate’s Court rejecting an eviction application, Cape {town} Etc reports.
According to a statement by Legal Aid SA, the case involved a husband and wife, their daughter with a physical disability, and two minor children – all of whom, except the husband, were born on the farm. The wife resigned from her job in 1998 to care for her daughter, while the husband, who began living on the farm in 1989, worked there until his employment was terminated in 2020.
Legal Aid SA said the landowner argued the family’s right to occupy the property was tied solely to the husband’s employment. The Extension of Security of Tenure Act allows for termination under such circumstances, but only if specific conditions are met, including assessing the conduct of both parties, the hardships each would face, the length of occupation, any reasonable expectation of continued residence, and agreements between the parties. Before issuing termination, occupiers are generally given an opportunity to explain their circumstances.
Both the Magistrate’s Court and the Land Court found that the landowner had not complied with these requirements and rejected the eviction application.
The family was represented by Legal Aid SA lawyers Mvuyisi Mjuda, Lelethu Mgedezi and Hilary Julius from the Stellenbosch Local Office. Legal Aid SA Northern Cape/Western Cape Provincial Executive Nolitha Jali said the matter reflects broader challenges faced by vulnerable occupiers such as women, people with disabilities and children, who risk eviction despite long-term residence and no alternative housing.
The Land Court dismissed the appeal without making an order as to costs.
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Picture: Supplied
