The MoladoraTrust v Mereki and Others case dealt with grazing rights, whether or not, in terms of the Extension of Security of Tenure Act 62 of 1997 (ESTA), on the property on which tenure has been established.
As the original ruling had far-reaching consequences for our members, AgriMP was therefore consistently in favour of supporting the appeal.
On 3 April 2024, the Supreme Court of Appeal delivered judgment in the Moladora Trust v Mereki and others case. The appeal was upheld by the court. The farm dwellers were ordered to immediately remove all their livestock from the applicant’s farm. The Court of Appeal based its findings on Adendorff Farm v Shabalala and others [2017] ZASCA 37 para 28; Loskop Landgoed Boerdery (Pty) and others v Petrus Moeleso and others [2022] ZASCA 53 para 14, where it was determined that the right of an occupier to keep or graze livestock on another person’s farm or land, is not a right arising from ESTA, but a personal right arising from consent between the occupier and the landowner or person in charge.
The occupiers were further prohibited from keeping livestock on the farm without prior permission from the applicant. The court ordered each party to pay their own legal costs.
The favorable outcome of this case is welcomed by AgriMP. This judgment should prevent, or at least limit, the incorrect interpretation and application of the ESTA law.
Members are encouraged to put valid agreements in place with farm dwellers, who have right of residence based on ESTA legislation, so that unnecessary future legal costs can be avoided.
Robert Davel
Executive Manager
Agri MP