CDH Watson NO and others v Tsoanyane & Another [2020] ZALCC 35 (21 December 2020)

CDH Watson NO and others v Tsoanyane & Another [2020] ZALCC 35 (21 December 2020)

The applicants established a clear right to restrain the respondents from ploughing, planting, and allowing livestock outside the occupiers' area, as the respondents have no consent or right to use Trust property beyond the designated area. The harm to the Trust's business is irreparable and not adequately remedied by damages. The balance of convenience favours the applicants, given the respondents' expansion of commercial livestock operations and failure to rebut the presumption of irreparable loss. However, the request to demolish the newly erected structure outside the occupiers' area is postponed sine die, as such relief may amount to an eviction and requires compliance with ESTA and...

Citation
[2020] ZALCC 35
Parties
Applicant: CDH Watson NO and others (in their capacity as Trustees of the HFG Trust); Respondent: Bannie Thamsanqa Tsoanyane; Respondent: Leonard Vusumuzi Tsoanyane
Court
Land Claims Court
Jurisdiction
South Africa
Judgment Date
18 December 2020
Case Number
LCC102/2020
Procedural Posture
Interim Interdict Application / Interim Relief Pending Finalization of Eviction Action and Counterclaim
Outcome
Interim interdict granted restraining respondents from activities outside the occupiers' area; demolition of new structure postponed sine die; costs reserved.
Judges
Cowen
Legal Topics
Extension of Security of Tenure Act, Interim Interdict, Eviction Procedure, Constitutional Right to Housing, Labour Tenants Act, Balance of Convenience
Land and Property Civil Procedure Constitutional Law Extension of Security of Tenure Act Interim Interdict Eviction Procedure Constitutional Right to Housing Labour Tenants Act +1 more

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Parties

CDH Watson NO and others (in their capacity as Trustees of the HFG Trust)

Applicant

Bannie Thamsanqa Tsoanyane

Respondent

Leonard Vusumuzi Tsoanyane

Respondent

Procedural Posture

Interim Interdict Application / Interim Relief Pending Finalization of Eviction Action and Counterclaim

Legal Issues

  1. 1 Whether the applicants are entitled to interim interdictory relief restraining the respondents from erecting structures, ploughing, planting, or allowing livestock outside the occupiers' area pending finalization of the main eviction action.
  2. 2 Whether the removal of the newly erected structure outside the occupiers' area would amount to an eviction requiring compliance with ESTA and constitutional protections.
  3. 3 Whether the respondents have any right or consent to occupy, build, or use Trust property outside the designated occupiers' area.

Ratio Decidendi

The applicants established a clear right to restrain the respondents from ploughing, planting, and allowing livestock outside the occupiers' area, as the respondents have no consent or right to use Trust property beyond the designated area. The harm to the Trust's business is irreparable and not adequately remedied by damages. The balance of convenience favours the applicants, given the respondents' expansion of commercial livestock operations and failure to rebut the presumption of irreparable loss. However, the request to demolish the newly erected structure outside the occupiers' area is postponed sine die, as such relief may amount to an eviction and requires compliance with ESTA and...

Court Disposition

Interim interdict granted restraining respondents from activities outside the occupiers' area; demolition of new structure postponed sine die; costs reserved.

Orders

  • The respondents are interdicted and restrained from erecting, building, or constructing any structures, buildings, or dwellings on the property outside of the occupiers' area.
  • The respondents are interdicted and restrained from ploughing or planting any area of the property other than the occupiers' area.