Can a land owner‚ without any lawful ground‚ seek the eviction of the occupiers of her land who are protected under the Extension of Security of Tenure Act (Esta)? This is the question which the Constitutional Court dealt with on Thursday as it heard an appeal by six tenants who were evicted from the rooms they were renting from owners of a farm in Rustenburg‚ North West.Esta provides security of tenure to people who occupy land with the consent of the owner. Section 8 (1) of Esta states that an occupier’s right of residence may be terminated on any lawful ground‚ provided that such termination is just and equitable.In this case‚ the Land Claims Court in 2013 ordered the tenants’ eviction and said the notice of cancellation had been served as required by Esta.At the Supreme Court of Appeal (SCA)‚ the majority dismissed the tenants’ appeal‚ saying the ground for termination of the lease agreement was not relevant to determining whether the termination of the occupiers’ right of residence was just and equitable.However‚ the minority in the SCA said it would have found in favour of the tenants because the owners impermissibly altered their case. They first claimed there was a breach of the terms of the lease agreements and later said the termination was because of the need for further development.Counsel for the tenants‚ Rudolph Jansen SC‚ said before the Constitutional Court that the requirements of Esta‚ especially the one which requires that the landowner may terminate the right of residence on a lawful ground‚ were not complied with in this eviction.He said the owners claimed the occupiers had breached a condition of their residence by failing to pay rent. Jansen said the occupiers deny this as they offered to pay their monthly rent but the owners refused to accept payment.However‚ Adrian Vorster‚ for the land owners‚ said the land owners did not have to give good reason why they were terminating the occupiers’ right to occupation.Justice Ray Zondo said it appeared that there must be some lawful ground beyond the cancellation of the lease‚ for the termination of the occupier’s right of residence under the Act. Zondo said the lawful ground could include the fact that the owners needed the space or that the occupiers breached conditions of the lease.The court reserved judgment. – TMG Court and Law..