Botya and Others v Society of the Catholic Apostolate of South Africa and Another (3753/2013) [2014] ZAECGHC 9 (27 February 2014)

Botya and Others v Society of the Catholic Apostolate of South Africa and Another (3753/2013) [2014] ZAECGHC 9 (27 February 2014)

The applicants failed to establish a clear right to the relief sought. The respondent's conduct in disconnecting electricity and moving cattle did not amount to unlawful eviction or harassment, as the right to electricity was not established under ESTA and the cattle remained on the farm. The respondent's communications indicated an intention to follow lawful eviction procedures under ESTA, not to evict by unlawful means. There was no reasonable apprehension of injury justifying final interdictory relief. The only relevant factual dispute concerned the cattle, and the respondent's version was accepted. The rule nisi was discharged as the applicants did not demonstrate unlawful conduct or...

Citation
[2014] ZAECGHC 9
Parties
Applicant: Mantombi Botya; Applicant: Nombulelo Botya; Applicant: Nomsimbithi Botya; Applicant: Mlungisi Ludu Makapela; Applicant: Nomhi Thandeka Makapela; Applicant: Nothemba Qambata; Applicant: Enoch Giba; Applicant: Sizwe Qambata; Applicant: Zwelinzima Elliot Makapela; Applicant: Nkosinathi Botya; Applicant: Nandipha Madyungu; Applicant: Mtutu Zamani Nocanda; Applicant: Kholekile Virginia Makapela; Applicant: Lulama Magawu; Respondent: Society of the Catholic Apostolate of South Africa
Court
Eastern Cape High Court, Grahamstown
Jurisdiction
South Africa
Judgment Date
27 February 2014
Case Number
3753/2013
Procedural Posture
Urgent Application / Return Day of Rule Nisi After Interim Interdict
Outcome
Rule nisi discharged with costs.
Judges
J M Roberson
Legal Topics
Extension of Security of Tenure Act, Interim Interdict, Unlawful Eviction, Right of Residence
Land and Property Civil Procedure Extension of Security of Tenure Act Interim Interdict Unlawful Eviction Right of Residence

Case Brief

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Parties

Mantombi Botya

Applicant

Nombulelo Botya

Applicant

Nomsimbithi Botya

Applicant

Mlungisi Ludu Makapela

Applicant

Nomhi Thandeka Makapela

Applicant

Nothemba Qambata

Applicant

Enoch Giba

Applicant

Sizwe Qambata

Applicant

Zwelinzima Elliot Makapela

Applicant

Nkosinathi Botya

Applicant

Nandipha Madyungu

Applicant

Mtutu Zamani Nocanda

Applicant

Kholekile Virginia Makapela

Applicant

Lulama Magawu

Applicant

Society of the Catholic Apostolate of South Africa

Respondent

Procedural Posture

Urgent Application / Return Day of Rule Nisi After Interim Interdict

Legal Issues

  1. 1 Whether the applicants are entitled to an interdict restraining the respondent from evicting them from the farm without due process.
  2. 2 Whether the respondent's conduct in disconnecting electricity and moving cattle constituted unlawful eviction or harassment.
  3. 3 Whether the applicants have a clear right and reasonable apprehension of injury justifying final interdictory relief.

Ratio Decidendi

The applicants failed to establish a clear right to the relief sought. The respondent's conduct in disconnecting electricity and moving cattle did not amount to unlawful eviction or harassment, as the right to electricity was not established under ESTA and the cattle remained on the farm. The respondent's communications indicated an intention to follow lawful eviction procedures under ESTA, not to evict by unlawful means. There was no reasonable apprehension of injury justifying final interdictory relief. The only relevant factual dispute concerned the cattle, and the respondent's version was accepted. The rule nisi was discharged as the applicants did not demonstrate unlawful conduct or...

Court Disposition

Rule nisi discharged with costs.

Orders

  • The rule nisi is discharged.
  • The applicants are ordered to pay the costs of the application.