In this reported judgment, Le Roux Attorneys successfully represented Applethwaite Farm in evicting Mr Patrick Tshongweni and all those holding title under him from the farm in terms of Section 4 of the Prevention of Illegal Eviction From and Unlawful Occupation of Land Act No 19 of 1998 (‘PIE).
Mr Tshongweni opposed the application, claiming that, firstly, he was protected from eviction in terms of the Extension of Security of Tenure Act 62 of 1997 (‘ESTA’) and, alternatively, if it is found that ESTA does not apply, and PIE applies, he is not in unlawful occupation because the termination of his employment resulting in the termination of his occupation was discriminatory and unlawful and fell to be set aside.
These claims were successfully disproved and Judge Cloete of the Cape Town High Court held that Mr Tshongweni and all those holding title under him who were occupying the property including all outbuildings thereon were evicted from the property. Mr Tshongweni was ordered to vacate the property by no later than 27 February 2015, failing which, the Sheriff and/or members of the South African Police Service were authorised to assist Applethwaite Farm in such eviction.
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