The Land Claims Court in Randburg, Gauteng, has declared the eviction of the Khiba family from the Quaggafontein farm in the Free State unlawful.
Acting Judge D Mabasa, with Judge S Cowen concurring, acknowledged the Khibas’ extended residence and usage rights, highlighting the wrongful nature of the eviction that took place on November 6, 2020, at the height of the Covid-19 pandemic.
The court determined that the eviction was conducted under the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act, an inappropriate legal avenue given that the family’s tenure rights were safeguarded under the Extension of Security of Tenure Act.
Manyaka Calastine Khiba, her nephew Malefane Isaac Khiba, and her children Malitaba Alina Khiba and Tefo Johannes Khiba, had resided on the farm since the late 1980s. During their testimonies, they described the emotional turmoil of the eviction, which saw their home demolished, and belongings discarded onto the street.
David Pelesa Khiba, Manyaka’s brother, had worked as a labourer on the farm since 1987 and was later buried there after his death in 2005. Manyaka Calastine Khiba testified that she arrived on the farm in 1988 to live with David. Alongside other family members, they occupied three mud huts until their eviction.
Stephanus Francois van Niekerk, the farm owner, contested the claims, arguing that only Malefane occupied the homestead unlawfully after Pelesa’s death. He contended that Malefane had arrived in 2015 without consent and was therefore lawfully evicted. Van Niekerk further stated that Manyaka was married and lived on a neighbouring farm Christophil, and that Malitaba resided with her husband at Jakkalsfontein. He claimed Tefo was entirely unknown to him.
Legal protections and property rights in rural land tenure
After hearing the arguments, the court ruled that the Khiba family maintained their property rights as legal occupiers under the Extension of Security of Tenure Act, a framework designed to protect the residency of individuals living on agricultural land. The ruling emphasised that the eviction was procedurally flawed as it failed to follow the legal processes required to terminate occupancy rights.
The judgment not only reinstated the Khibas’ access to their homestead but also restored their previous rights to utilise the land for cattle grazing and firewood collection. Recognising the wrongful eviction, the court ordered the reconstruction of their demolished home within a month and mandated just and equitable compensation for the damages inflicted on their movable property.
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