Grobler v Phillips and Others (446/2020) [2021] ZASCA 100 (14 July 2021)
The judgment highlights many aspects that commonly arise in eviction orders. Specifically of interest here was the court’s finding that although the owner offered alternative secure housing to the occupier, who was 84 years old and had lived on the property since she was 11, an eviction order would not be just and equitable in these circumstances, even though she was an unlawful occupier (as this term is defined in the PIE Act). Also of interest was the role played by consideration of the fact that the land once was agricultural land, but that the rights that the occupier would have had under the Extension of Security of Tenure Act (ESTA), no longer applied as the land had before 1997 become urban land.