Booth and Others v Minister of Land Affairs and Agriculture and Others (LCC 30/2007) [2010] ZALCC 4 (19 March 2010)

Booth and Others v Minister of Land Affairs and Agriculture and Others (LCC 30/2007) [2010] ZALCC 4 (19 March 2010)

The Court found that NADEL had satisfied the requirements of Rule 14(2)(b)(i) and (ii) by demonstrating its interest in the matter and identifying its position. However, NADEL failed to meet the requirement of Rule 14(2)(b)(iii) as it did not provide a summary of the submissions it intended to make or demonstrate how those submissions would be different from those of the parties. The absence of concrete submissions or evidence meant the Court could not ascertain the potential usefulness or distinctiveness of NADEL's contribution. Consequently, the application for admission as amicus curiae was not granted at this stage, but NADEL was given leave to renew the application with supplementary...

Citation
[2010] ZALCC 4
Parties
Applicant: William Booth; Applicant: The Trustees for the Time of the Tatenda Trust; Applicant: Electroprops 4 (Pty) Ltd; Respondent: Minister of Land Affairs and Agriculture and Others; Applicant: National Association of Democratic Lawyers (NADEL)
Court
Land Claims Court
Jurisdiction
South Africa
Judgment Date
19 March 2010
Case Number
LCC 30/2007
Procedural Posture
Review Application / Application for Admission as Amicus Curiae in Review Proceedings
Outcome
Application for admission as amicus curiae not granted at this stage; leave granted to renew the application with supplementary affidavits; no order as to costs.
Judges
SC Mia
Legal Topics
Admission of Amicus Curiae, Section 42d Agreement, Condonation of Late Filing, Restitution of Land Rights
Land and Property Civil Procedure Admission of Amicus Curiae Section 42d Agreement Condonation of Late Filing Restitution of Land Rights

Case Brief

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Parties

William Booth

Applicant

The Trustees for the Time of the Tatenda Trust

Applicant

Electroprops 4 (Pty) Ltd

Applicant

Minister of Land Affairs and Agriculture and Others

Respondent

National Association of Democratic Lawyers (NADEL)

Applicant

Procedural Posture

Review Application / Application for Admission as Amicus Curiae in Review Proceedings

Legal Issues

  1. 1 Whether NADEL should be admitted as amicus curiae in the review proceedings.
  2. 2 Whether condonation for the late filing of NADEL's application should be granted.
  3. 3 Whether NADEL's intended submissions are relevant, useful, and different from those of the parties.

Ratio Decidendi

The Court found that NADEL had satisfied the requirements of Rule 14(2)(b)(i) and (ii) by demonstrating its interest in the matter and identifying its position. However, NADEL failed to meet the requirement of Rule 14(2)(b)(iii) as it did not provide a summary of the submissions it intended to make or demonstrate how those submissions would be different from those of the parties. The absence of concrete submissions or evidence meant the Court could not ascertain the potential usefulness or distinctiveness of NADEL's contribution. Consequently, the application for admission as amicus curiae was not granted at this stage, but NADEL was given leave to renew the application with supplementary...

Court Disposition

Application for admission as amicus curiae not granted at this stage; leave granted to renew the application with supplementary affidavits; no order as to costs.

Orders

  • No order is made on any of the prayers contained in the applicant's application.
  • The applicant is granted leave to renew the application on notice to the other parties on the same papers, supplemented by such further affidavits as the case may require.