Does Section 15 of ESTA Apply to Urgent Relocations and Not Only to Evictions? An Assessment of – A Re Shomeng Holdings Proprietary Limited v Sibeko [2024] ZALCC 7

Abstract

Owners of land or persons in charge have pursued relocations of occupiers through application for mandatory interdicts under the Extension of Security of Tenure Act (62 of 1997) (ESTA). This case note critically assesses and pronounces on the significance of the A Re Shomeng Holdings Proprietary Limited v Sibeko [2024] ZALCC 7 decision. The case note commences by providing the factual background and decision of the case. This is followed by an assessment of the decision of the court. Finally, a conclusion is drawn from the entire body of findings of this case note.