Land Court: Mediation is now mandatory before ESTA evictions — what this means for landlords and occupiers (2025)

“Good-faith negotiations” are no longer enough. Here’s how to comply — and how to protect your rights.

What happened — the short version

A full bench of the Land Court has clarified that mediation is mandatory before a landowner may apply for an eviction under the Extension of Security of Tenure Act (ESTA). The judges held that “good-faith negotiations” or “meaningful engagement” are not the same as mediation, and that the law (as amended) now requires a proper mediation process before issuing an eviction application. The ruling does not apply retrospectively to cases lodged before 1 April 2024.

Source for readers: GroundUp, “Landowners must go through mediation before applying for an eviction, court rules”, 3 Oct 2025.

Why this matters

• For landowners (especially on farms/rural land): you now face a procedural pre-condition — mediate first. If you skip it, your application risks delay or dismissal.
• For occupiers: this is a real opportunity to resolve disputes early, with a neutral trained mediator and (where relevant) municipal input, instead of going straight to litigation.
• For everyone: mediation is designed to be speedy, confidential, and effective, reducing cost and court pressure — while still allowing you to litigate if mediation fails.

What “mediation” means in practice

The Land Court emphasised differences between mediation and informal “good-faith talks”:

• It must be conducted by one or more people with dispute-resolution expertise.
• It should occur as early as possible, with both sides legally represented to ensure equality of arms.
• It is confidential/privileged (what’s said there generally can’t be used in court if it fails).
• It may involve the municipality or relevant departments where duties (e.g., alternative accommodation) are in issue.

Does this affect urban/PIE evictions?

This ruling addresses ESTA matters (farm/rural occupiers) and interprets the post-April 2024 landscape together with the Land Court Act. Evictions under the PIE Act (urban residential homes) still require the familiar PIE s 4(2) notice and a just-and-equitable hearing; PIE is not changed by this ruling. (That said, early mediation/meaningful engagement often remains prudent in urban disputes.)

What landlords should do now (checklist)

1. Assess your matter: Is it an ESTA eviction? If yes, plan mediation first.
2. Brief a mediator with suitable expertise (and secure dates) before preparing papers.
3. Prepare a mediation bundle: lease/consent history, breach chronology, communications, arrears schedule, inspection photos.
4. Consider municipal involvement early where vulnerability/alternative accommodation may arise.
5. If mediation fails, you can proceed — but your papers should prove that mediation was attempted properly.

What occupiers should do now

• Participate in mediation — it’s your chance to be heard and explore workable solutions.
• Bring details of vulnerability (children, elderly, disability) and housing options; these remain central to what a court later considers just and equitable.
• Get legal advice early; the Land Court expects legal representation at mediation to ensure fairness.

Not retrospective — but forward-looking

Mediation requirements do not apply to cases issued before 1 April 2024. New matters must comply. Expect courts to ask, “Where is your mediation record?” before they hear an ESTA eviction application.

Our view (SD Law)

We welcome the clarity. We’ve long used mediated settlements in eviction disputes to spare clients months of delay and cost. This ruling codifies best practice — and, if handled properly, should reduce litigation risk while preserving urgent relief where genuinely necessary.

Next steps / How we can help

• Read our Evictions Guide (2025) for the full process, costs and timelines (PIE & ESTA).
• Download our Eviction Playbook (PDF) — the 7-step checklist we use with clients.
• If you need to act now (as a landowner or occupier), book a consultation with our team.

Links

• Hire an eviction lawyer: https://www.evictionlawyer.co.za
• Evictions in South Africa — Complete Guide (2025)
• Eviction Playbook (PDF)

Further reading

• GroundUp: Landowners must go through mediation before applying for an eviction, court rules (3 Oct 2025).
• A Law Reform Commission: Discussion Paper — A Mediation Act for South Africa (context for broader mediation policy).

Photo by Breno Assis on Unsplash

SD Law – Simon Dippenaar & Associates Inc.

Attorneys, Notaries & Conveyancers

SD Law is a Cape Town law firm with a strong practice in divorce and family law, urgent eviction matters, antenuptial contracts, liquor licence applications and selected commercial disputes. Clients instruct us when the matter is urgent, high-stakes or strategically sensitive, and when they want direct, clear legal advice backed by practical litigation experience.

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