On the 11th May 2017 the Constitutional Court handed down an important judgment in the case of Daniels v Scribante and Another (Case CCT 50/16). The significance of this case has been highlighted by constitutional law expert Prof Pierre de Vos in a recent opinion piece appearing in the Daily Maverick on 18th May.
At face value the case involves a series of disputes between Yolanda Daniels and Theo Scribante of Chardonne Properties CC, Ms Daniels is a domestic worker and household head who has lived in a house on the farm for 16 years and as such has the status of an occupier in terms of the Extension of Security of Tenure Act (ESTA). However the case goes to the heart of the complex relationship between owners and occupiers in a constitutional democracy where the Constitution has enshrined the right to security of tenure.
At face value the case involves a series of disputes between Yolanda Daniels and Theo Scribante of Chardonne Properties CC, Ms Daniels is a domestic worker and household head who has lived in a house on the farm for 16 years and as such has the status of an occupier in terms of the Extension of Security of Tenure Act (ESTA). However the case goes to the heart of the complex relationship between owners and occupiers in a constitutional democracy where the Constitution has enshrined the right to security of tenure.
