Biyela and Another v Dhludhla Brothers CC and Another (LCC 107/2017; 108/2017; LCC 109/2017; LCC 110/2017; LCC 111/2017) [2023] ZALCC 9 (6 March 2023)

Biyela and Another v Dhludhla Brothers CC and Another (LCC 107/2017; 108/2017; LCC 109/2017; LCC 110/2017; LCC 111/2017) [2023] ZALCC 9 (6 March 2023)

The court found that the First Respondent is bound by the consent order dated 18 February 2020, which requires the appointment of a land surveyor to demarcate 74 hectares of land for the Applicants. The points in limine raised by the First Respondent are irrelevant to the enforceability of the consent order, as the order was granted by consent and is not contingent upon the issues raised. The First Respondent's refusal to comply with the order is unjustified and constitutes frivolous and vexatious conduct. The court reaffirmed the principle that court orders must be obeyed unless set aside by a competent court. Accordingly, the application was granted, and a costs order was made against...

Citation
[2023] ZALCC 9
Parties
Applicant: Nonhlanhla Elsie Biyela; Applicant: Bhekumzi Gibson Biyela; Applicant: Mbongeleni Mthimkhulu; Applicant: Ntombizini Lindeni Mathonsi; Applicant: Bonginhlanhla Endrew Tholumuzi Hlabisa; Applicant: Fikile Sylvia Hlabisa; Applicant: Favourite Zandile Hlabisa; Applicant: Gladys Qwashile Mdanza; Applicant: Reuben Hlalisani Dlamini; Applicant: Mavis Mamkazi Mkhwanazi; Respondent: Dhludhla Brothers CC; Respondent: Director General for the Department of Rural Development and Land Affairs
Court
Land Claims Court
Jurisdiction
South Africa
Judgment Date
6 March 2023
Case Number
LCC 107/2017
Procedural Posture
Civil Application / Application for Enforcement of Consent Order
Outcome
Application granted. The Second Respondent is ordered to appoint a land surveyor within 30 days, and the First Respondent is ordered to cooperate. Costs awarded against the First Respondent.
Judges
Y S Meer
Legal Topics
Labour Tenants, Consent Order Enforcement, Demarcation of Land, Court Order Compliance
Land and Property Civil Procedure Labour Tenants Consent Order Enforcement Demarcation of Land Court Order Compliance

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Parties

Nonhlanhla Elsie Biyela

Applicant

Bhekumzi Gibson Biyela

Applicant

Mbongeleni Mthimkhulu

Applicant

Ntombizini Lindeni Mathonsi

Applicant

Bonginhlanhla Endrew Tholumuzi Hlabisa

Applicant

Fikile Sylvia Hlabisa

Applicant

Favourite Zandile Hlabisa

Applicant

Gladys Qwashile Mdanza

Applicant

Reuben Hlalisani Dlamini

Applicant

Mavis Mamkazi Mkhwanazi

Applicant

Dhludhla Brothers CC

Respondent

Director General for the Department of Rural Development and Land Affairs

Respondent

Procedural Posture

Civil Application / Application for Enforcement of Consent Order

Legal Issues

  1. 1 Whether the First Respondent is obliged to comply with the consent order dated 18 February 2020 and appoint a land surveyor.
  2. 2 Whether the points in limine raised by the First Respondent affect the enforceability of the consent order.
  3. 3 Whether the defence of the First Respondent is frivolous and vexatious, warranting a costs order.

Ratio Decidendi

The court found that the First Respondent is bound by the consent order dated 18 February 2020, which requires the appointment of a land surveyor to demarcate 74 hectares of land for the Applicants. The points in limine raised by the First Respondent are irrelevant to the enforceability of the consent order, as the order was granted by consent and is not contingent upon the issues raised. The First Respondent's refusal to comply with the order is unjustified and constitutes frivolous and vexatious conduct. The court reaffirmed the principle that court orders must be obeyed unless set aside by a competent court. Accordingly, the application was granted, and a costs order was made against...

Court Disposition

Application granted. The Second Respondent is ordered to appoint a land surveyor within 30 days, and the First Respondent is ordered to cooperate. Costs awarded against the First Respondent.

Orders

  • The Second Respondent shall appoint a land surveyor in terms of the court order dated 18 February 2020 under consolidated case numbers LCC107/2017 to LCC111/2017, within 30 days of this order.
  • Once the land surveyor has been appointed, the members of the First Respondent shall cooperate and facilitate all necessary actions to enable the surveying and demarcation of portions of the farm sub 3 of farm Arcadia no. 6123, KwaZulu-Natal.