Court rules against eviction of couple

A Stellenbosch smallholding falls under the Extension of Security of Tenure Act, meaning the retired gardener and his wife had the right to stay

- Ohene Yaw Ampofo-Anti

The supreme court of appeal has found that a retired gardener and his wife can continue living on a smallholding in Stellenbosch because their land rights are protected under the Extension of Security of Tenure Act.

The judgment is important for people who live on land in farming areas near cities, where it is sometimes unclear whether the Act applies.

The legislation was established in 1997 to protect farm workers whose rights were insecure because of racist laws of the past.

The case revolves around a smallholding in Joostenbergvlakte, an agricultural area just outside Stellenbosch. Jacob Pieters and his wife started living there in 1988 when he was employed by the landowner as a gardener.

Pieters retired in 2012 but the couple continued living there and are still residing on the property with two grandchildren. Their sole source of income is a South African Social Security Agency old-age grant of R1 700 per month.

But, in 2014, the land was taken over by the owner's son, Peter Stemmet. Four years later, Stemmet started eviction proceedings against the Pieters.

The Bellville magistrate's court granted the eviction order, but the Pieters family appealed to the land claims court, arguing that the Extension of Security of Tenure Act applied to them and that they were therefore allowed to stay on the land.