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# South Africa: Land Claims Court [](http://www.saflii.org/content/Donate.html) |
**You are here:** [SAFLII](/) >> [Databases](/databases.html) >> [South |
Africa: Land Claims Court](../) >> [2025](./) >> **[2025] ZALCC 1** |
| [Noteup](/form/search/?method=boolean&query=ZALCC+2025+1 or 2025+ZALCC+1) | [LawCite](/cgi-bin/LawCite?cit=2025+ZALCC+1) |
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## EFB Farm (Pty) Limited t/a Glenboyd Farm v Kota (LCC32R/2023) [2025] ZALCC |
1 (15 January 2025) |
**Download original files** [PDF format](/za/cases/ZALCC/2025/1.pdf) [RTF format](/za/cases/ZALCC/2025/1.rtf) | |
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IN THE LAND COURT OF SOUTH AFRICA |
HELD AT JOHANNESBURG |
CASE NO: LCC 32R/2023 |
Magistrates' Court Case No: 329/2021 |
Date: 15 January 2025 |
(1) REPORTABLE YES / NO |
(2) OF INTEREST TO OTHER JUDGES YES / NO |
(3) REVISED YES / NO |
In the matter between: |
EFB FARM (PTY) LIMITED t/a GLENBOYD FARM | Applicant |
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and | |
STEVEN KOTA | First Respondent |
MAKANDA LOCAL MUNICIPALITY | Second Respondent |
DEPARTMENT OF AGRICULTURE, LAND REFORM AND RURAL DEVELOPMENT | Third Respondent |
JUDGMENT |
Majozi AJ: |
INTRODUCTION |
1. This is an automatic review that is before me in terms of section 19(3) of the Extension of Security of Tenure Act, 62 of 1997 ("**ESTA** "). It is a sequel to the first automatic review that was before my colleague Cowen J (as she then was). On 28 November 2023, Cowen J set aside the Order of Magistrate Naidoo an... |
2. The setting aside of Magistrate Naidoo's eviction Order by Cowen J was, at that point, due to a lack of compliance with the procedural requisites of section 9 of ESTA, in particular, the fact that the default eviction Order had been granted without obtaining a probation officer's report from the third respondent. |
3. The third respondent produced a probation officer's report dated 22 May 2024 with recommendations for consideration, before a decision is made on the eviction of the first respondent. |
4. After the setting aside of the eviction Order and delivery of the probation officer's report, Magistrate Naidoo through a letter dated 19 July 2024, reacted to the probation officer's report. She indicated that: "_the report does not influence the previous decision to convict the parties_(sic)". Startlingly, the l... |
5. It is in accordance with the abovementioned sequence of events and the letter dated 19 July 2024 that the sequel to the eviction application instituted on 18 July 2023, finds itself before me. |
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