farming thumb medium80 84TMG Digital reports that the Constitutional Court on Thursday held that a woman who stayed on a farm where her husband worked was an occupier in her own right under the Extension of Security of Tenure Act.  

The act was enacted to protect the rights of occupiers of land and limit the ability of the owner to evict them.  In this case‚ Elsie Klaase was evicted with her husband‚ Jan Klaase‚ in 2014 after the employer terminated Jan’s employment following a charge of absconding and absence from work.  His wife later launched an application with the Land Claims Court where she sought to be treated as a separate person in the eviction proceedings.  She asserted that she continuously resided on the farm for many years in her own right as a general farm employee with the consent of the owner.  A majority of the Constitutional Court said Mrs Klaase’s right of residence had not been lawfully terminated.

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