Installation of electricity to improve farm dwellings

The Supreme Court of Appeal has upheld a Land Court ruling in Sibanyoni family vs Van der Merwe (the Sibanyoni case) namely that farm dwellers' right - as defined in the Extension of Security of Tenure Act, 1997 (Act 62 of 1997) (ESTA) – to improve their dwellings includes the right to have electricity installed.

- By Clarissa Pienaar, Moolman & Pienaar Incorporated

The occupier and his family (the occupiers) have resided on the farm since 2011 in a dwelling they built themselves. The occupier claimed that the previous farm owner's son-in-law had signed and submitted a form to the local municipality consenting to the installation of electricity at the dwelling. This allegation was, however, denied.

In September 2020, Eskom officials arrived at the farm to carry out the installation but were denied access by the farm owner, who argued that she had not been consulted. The dispute was referred to the Land Court, which held that electricity was a necessary improvement to make the dwelling habitable.

The landowner appealed, upon which the Court of Appeal had to consider two issues: whether electricity is a reasonably necessary improvement to make a dwelling habitable, and whether an occupier requires the landowner's consent to install or connect electricity to a farm dwelling.

The right to human dignity