Daantjie Community and Others v Crocodile Valley Citrus Company (Pty) Ltd and Another (75/2008) [2015] ZALCC 7 (28 July 2015)

Daantjie Community and Others v Crocodile Valley Citrus Company (Pty) Ltd and Another (75/2008) [2015] ZALCC 7 (28 July 2015)

The Court found that the applicants failed to demonstrate a reasonable prospect of success on appeal, as the facts and evidence did not support the existence of a bona fide defence. The arguments regarding the absence of evidence of permanent white settlement and the extraordinary nature of the default judgment were not sustainable, given the lack of evidence of occupation and dispossession by the claimant community and the expert reports. The Court held that its judgment does not bar the community from claiming restitution under the Restitution of Land Rights Act, as the option of petitioning the Supreme Court of Appeal remains open. Consequently, leave to appeal was refused, and no...

Citation
[2015] ZALCC 7
Parties
Applicant: Daantjie Community; Applicant: Sicelo Audicious Nkosi; Applicant: Mpaken Mlengen Tribal Authority; Respondent: Crocodile Valley Citrus Company (Pty) Ltd; Respondent: The Regional Land Commissioner, Mpumalanga
Court
Land Claims Court
Jurisdiction
South Africa
Judgment Date
28 July 2015
Case Number
75/2008
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Dismissal of Rescission Application
Outcome
Application for leave to appeal dismissed; no order as to costs.
Judges
MP Canca, M Mpshe
Legal Topics
Leave to Appeal, Restitution of Land Rights Act, Default Judgment, Costs Order
Land and Property Civil Procedure Leave to Appeal Restitution of Land Rights Act Default Judgment Costs Order

Case Brief

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Parties

Daantjie Community

Applicant

Sicelo Audicious Nkosi

Applicant

Mpaken Mlengen Tribal Authority

Applicant

Crocodile Valley Citrus Company (Pty) Ltd

Respondent

The Regional Land Commissioner, Mpumalanga

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Dismissal of Rescission Application

Legal Issues

  1. 1 Whether leave to appeal should be granted against the dismissal of the rescission application.
  2. 2 Whether the applicants have demonstrated a reasonable prospect of success on appeal.
  3. 3 Whether the default judgment of 20 November 2008 was an extraordinary and unjustified exercise of the Court's power.

Ratio Decidendi

The Court found that the applicants failed to demonstrate a reasonable prospect of success on appeal, as the facts and evidence did not support the existence of a bona fide defence. The arguments regarding the absence of evidence of permanent white settlement and the extraordinary nature of the default judgment were not sustainable, given the lack of evidence of occupation and dispossession by the claimant community and the expert reports. The Court held that its judgment does not bar the community from claiming restitution under the Restitution of Land Rights Act, as the option of petitioning the Supreme Court of Appeal remains open. Consequently, leave to appeal was refused, and no...

Court Disposition

Application for leave to appeal dismissed; no order as to costs.

Orders

  • The application for leave to appeal is dismissed.
  • No order as to costs.