- Land Claims Court rules that the Lakey family’s right of residence ended with employment.
- Court confirms ESTA cannot override labour law if dismissal is unchallenged.
- Despite granting the eviction, the court ordered compensation and school transport for the children.
There’s a quiet kind of grief that doesn’t make the news. It doesn’t come with flashing lights or wailing sirens. It happens in the hush after a ruling, in the packing of boxes, in the eyes of a child watching their home slip away.
That’s the grief the Lakey family knows too well. They’ve lived on Soetendal farm near Wellington in the Cape Winelands for over 25 years, not in luxury, but in stability. A small house. Familiar gravel paths. A kitchen that always smelled like home. That all changes on 31 August 2025, when the family must vacate, following a judgment by the Land Claims Court that says they no longer have a legal right to stay.
The reason? Jakobus Lakey lost his job in 2020. And on South African farms, that can mean losing more than just your income; it can mean losing your place in the world.
When work is home
Lakey was a longtime employee of Belle Vallee Vineyards. His job, like many in rural South Africa, came with a condition that the house is yours only while you work. It’s a system older than democracy, one where landowners often control both employment and access to shelter.
When Lakey was dismissed for misconduct, including taking copper pipes from the farm and allegedly threatening the farm’s director, everything began to unravel. He admitted to selling the copper, and in 2023, he was convicted of assault for his threat. He attempted to challenge his dismissal through the Commission for Conciliation, Mediation and Arbitration (CCMA), but abandoned the process. The reason was never made fully clear.
Belle Vallee waited. Then they approached the court, asking for the Lakey family to vacate their home.
The Wellington Magistrate’s Court initially dismissed the application. The court questioned the fairness of the dismissal and raised concerns about the possibility of homelessness. It also found that Lakey’s wife’s right of residence hadn’t been properly considered and criticised the employer’s use of unverified polygraph evidence.
But Belle Vallee appealed, and the Land Claims Court took a more legalistic view.
When land rights collide with labour law
The Land Claims Court acknowledged the tension between the Extension of Security of Tenure Act (ESTA) and the Labour Relations Act (LRA). It ruled that ESTA courts are not forums to retry or assess the fairness of a dismissal that was already dealt with, or not properly pursued, under labour law channels.
If a dismissal is not challenged via the LRA, the court said, an ESTA court must accept it as valid. This ruling not only affects the Lakey family but sets precedent for future disputes where land rights are linked to employment contracts.
In this case, Lakey’s explanation for failing to pursue his CCMA challenge was found “unsatisfactory.” That sealed the matter. Without a valid job, the right to remain on the land ended.
Yet, despite its legal clarity, the ruling may leave many uneasy, especially those who work at the intersection of rural livelihoods and human dignity.
A judgment with compassion, but no turning back
Though the court upheld the eviction, it recognised the human impact. In its final order, the Labour Court sought to reduce the harm to the family.
Belle Vallee was ordered to pay the Lakey family R20 000 within five days of them leaving the farm. The children were allowed to remain at their current school, and the farm was instructed to provide transport for them until the end of the 2025 school year. The family was granted time to vacate the property by 31 August 2025.
It wasn’t restitution. But it was an attempt at relief, a sign that while land rights are legally defined, the courts can still make room for humanity.
The court also weighed the family’s future. While the Department of Land Affairs raised concerns about potential homelessness, a municipal report found that the family’s income exceeded the threshold for emergency housing, suggesting they could afford alternative accommodation.
Still, financial solvency doesn’t erase emotional displacement. For Lakey’s wife and the children, it’s a rupture, not just from a house, but from the land, routines, and community they’ve known for most of their lives.
Land rights must mean more than technical access
Ask the Lakey children what it means to lose a home, and they won’t talk about ESTA, the LRA, or jurisdiction. They’ll talk about the dog that won’t come with them. About losing the view from their bedroom window. About the distance between a family and the place they used to belong.
#Conviction
Get your news on the go. Clickhereto follow the Conviction WhatsApp channel.
