Bezuidenhout and Others v Minister for Agriculture Land Reform Rural Development and Others (2925/2024) [2024] ZAWCHC 73 (4 March 2024)

Bezuidenhout and Others v Minister for Agriculture Land Reform Rural Development and Others (2925/2024) [2024] ZAWCHC 73 (4 March 2024)

The court found that the applicants had peaceful and undisturbed possession of the farm portions in question, as evidenced by their control of the keys and ongoing farming activities. The respondents unlawfully dispossessed the applicants by breaking the locks and replacing them without any legal process or court order. The department's internal processes and reports did not constitute due legal process for dispossession. The historical background and land reform objectives, while relevant elsewhere, did not justify the unlawful dispossession. The urgency of the matter was established due to the nature of spoliation and the need to preserve the status quo pending the review application....

Citation
[2024] ZAWCHC 73
Parties
Applicant: Johannes Joshua Bezuidenhout; Applicant: Herold Bezuidenhout; Applicant: Jan Bergh; Applicant: Nuveld Farming Empowerment Enterprise (Pty) Ltd; Respondent: Minister for Agriculture Land Reform and Rural Development; Respondent: Chief Director: Western Cape Provincial Shared Services Centre; Respondent: Deputy Director General for Agriculture Land Reform and Rural Development; Respondent: Lubabalo Mbekeni; Respondent: Hendrik Booysen; Respondent: Lucy Nduku
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
4 March 2024
Case Number
2925/2024
Procedural Posture
Urgent Application / Application for Urgent Interim Relief Pending Review
Outcome
Application granted: possession restored to applicants and interim interdict issued.
Judges
Salie
Legal Topics
Mandament Van Spolie, Interim Interdict, Allocation of State Land, Review Proceedings, Urgent Application, Possession of Property
Land and Property Civil Procedure Administrative Law Mandament Van Spolie Interim Interdict Allocation of State Land Review Proceedings Urgent Application +1 more

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Parties

Johannes Joshua Bezuidenhout

Applicant

Herold Bezuidenhout

Applicant

Jan Bergh

Applicant

Nuveld Farming Empowerment Enterprise (Pty) Ltd

Applicant

Minister for Agriculture Land Reform and Rural Development

Respondent

Chief Director: Western Cape Provincial Shared Services Centre

Respondent

Deputy Director General for Agriculture Land Reform and Rural Development

Respondent

Lubabalo Mbekeni

Respondent

Hendrik Booysen

Respondent

Lucy Nduku

Respondent

Procedural Posture

Urgent Application / Application for Urgent Interim Relief Pending Review

Legal Issues

  1. 1 Whether the applicants were unlawfully dispossessed of the two farm portions by the respondents.
  2. 2 Whether the applicants are entitled to restoration of possession under the mandament van spolie.
  3. 3 Whether the respondents followed due process in allocating the farm portions to other beneficiaries.

Ratio Decidendi

The court found that the applicants had peaceful and undisturbed possession of the farm portions in question, as evidenced by their control of the keys and ongoing farming activities. The respondents unlawfully dispossessed the applicants by breaking the locks and replacing them without any legal process or court order. The department's internal processes and reports did not constitute due legal process for dispossession. The historical background and land reform objectives, while relevant elsewhere, did not justify the unlawful dispossession. The urgency of the matter was established due to the nature of spoliation and the need to preserve the status quo pending the review application....

Court Disposition

Application granted: possession restored to applicants and interim interdict issued.

Orders

  • The applicants’ possession of Farm Dassiesfontein No.73 Portion 6 (South Dassiesfontein) and Farm Dassiesfontein No. 73 Portion 5 (Portion 1 North Dassiesfontein) is restored with immediate effect.
  • The first to fourth respondents and officials of the Department of Agriculture, Land Reform and Rural Development are interdicted and restrained from allocating any portion of Plateau Farms to any person pending finalisation of the review proceedings under case number 6553/2023.