IN THE LAND CLAIMS COURT OF SOUTH AFRICA

Decided on: 22 May 2003

In the review proceedings in the case between:

JUDGMENT

MEER J:

[2] I am satisfied that the grounds for the eviction of the first defendant have been established in accordance with sections 8 and 10 of the Act. I am. however, of the view that it is just and equitable in terms of section 13 of the Act, with due regard to all relevant factors, that the first defendant should be compensated for the cost of any dwelling he may have erected on the plaintiffs premises. It is not clear from the papers whether the defendant himself in fact erected a dwelling and paid the costs thereof. What appears from the papers is that the occupiers themselves built the structures in which they are residing.

(a)	whether the first defendant himself bore the costs for the building of any dwelling

such building) that the plaintiff pay compensation to the first defendant in terms

JUDGE YS MEER

For the plaintiff:

For the defendant
Ahsent.