Farm occupiers' rights upheld in landmark court ruling

A family in the Barrydale area of the Western Cape has successfully opposed their eviction from a farm where they have lived for many years.

The Land Court in Cape Town handed down a judgment on August 5, 2025, dismissing an appeal by the landowner who sought to overturn a decision by the Swellendam Magistrate's Court.

The family, comprising a married couple, their daughter with a physical disability, and two minor children, had been living on the farm for many years. The wife was born on the farm, and the husband started staying there in 1989.

The husband lost his job at the farm in 2020, prompting the landowner to seek their eviction.

The landowner argued that the family's occupation should be terminated since the husband was no longer employed at the farm. However, the Extension of Security of Tenure Act requires landowners to consider all relevant factors before terminating occupation, including the conduct between the parties, potential hardships, and the period of occupation.

Both the Magistrate's Court and the Land Court found that the landowner had not complied with these requirements. The Land Court dismissed the appeal without making any order as to costs.

"We are pleased with the outcome," is not quoted, however Nolitha Jali, Legal Aid SA Northern Cape/Western Cape Provincial Executive noted that "this matter is one of many similar cases in the province where vulnerable occupiers such as women, people with disabilities and children face eviction despite having occupied farms for many years and having nowhere else to go."

The family was represented by Legal Aid SA lawyers Mvuyisi Mjuda, Lelethu Mgedezi, and Hilary Julius from the Stellenbosch Local Office.