Benias Yoramu and 45 Others v The State

Key Issues

• {"issue_text":"Did the trial court err in convicting appellants who derived occupation from employment contracts?","issue_type":"mixed","dispositive":"no","related_facts":"Appellants were former employees; farm was acquired; they remained in occupation"}
• {"issue_text":"Did the trial court err in ordering eviction under s 3(5) when it may be inconsistent with s 74 of Constitution?","issue_type":"constitutional","dispositive":"yes","related_facts":"Eviction order made; s 74 requires court order after considering circumstances"}
• {"issue_text":"Was the trial court obliged to refer constitutional issue to Constitutional Court under s 175(4)?","issue_type":"procedural/constitutional","dispositive":"yes","related_facts":"Trial court raised issue itself; defence requested referral; court declined"}
• {"issue_text":"Was the fine of $50 beyond appellants' means?","issue_type":"factual","dispositive":"no","related_facts":"Fine imposed; appellants' financial capacity"}

Background