Deacon Trust and Another v Ngwenya (LCC114/2008) [2025] ZALCC 21 (29 May 2025)

Deacon Trust and Another v Ngwenya (LCC114/2008) [2025] ZALCC 21 (29 May 2025)

The court found that the applicants had established, on a balance of probabilities, that Mr Ngwenya was served with and had knowledge of the Mpshe order requiring him to vacate Portion 3. However, the evidence did not prove mala fide non-compliance beyond a reasonable doubt, as Mr Ngwenya believed he was not obliged to comply due to lack of consent and knowledge. The requirements for civil contempt were not met at this stage, and the applicants were not entitled to committal or a fine. The court granted condonation for the late filing of affidavits and ordered Mr Ngwenya to comply with the Mpshe order within 60 days, granting the applicants leave to seek further relief if non-compliance...

Citation
[2025] ZALCC 21
Parties
Applicant: The Deacon Trust; Applicant: The Hartebeesfontein Trust; Respondent: Mr Mandla John Ngwenya
Court
Land Claims Court
Jurisdiction
South Africa
Judgment Date
29 May 2025
Case Number
LCC114/2008
Procedural Posture
Civil Application / Application to Compel Compliance With Prior Court Order and for Civil Contempt Remedies
Outcome
Application to enforce compliance with court order granted; civil contempt remedies refused at this stage; condonation for late filing granted; leave to approach court for further relief if necessary; no order as to costs.
Judges
SJ Cowen
Legal Topics
Restitution of Land Rights Act, Civil Contempt, Compliance Orders, Condonation, Service of Process
Land and Property Civil Procedure Restitution of Land Rights Act Civil Contempt Compliance Orders Condonation Service of Process

Case Brief

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Parties

The Deacon Trust

Applicant

The Hartebeesfontein Trust

Applicant

Mr Mandla John Ngwenya

Respondent

Procedural Posture

Civil Application / Application to Compel Compliance With Prior Court Order and for Civil Contempt Remedies

Legal Issues

  1. 1 Whether the respondent was served with or had knowledge of the court order requiring him to vacate the property.
  2. 2 Whether the respondent's non-compliance with the court order was wilful and mala fide.
  3. 3 Whether the applicants are entitled to civil contempt remedies, including committal or a fine.

Ratio Decidendi

The court found that the applicants had established, on a balance of probabilities, that Mr Ngwenya was served with and had knowledge of the Mpshe order requiring him to vacate Portion 3. However, the evidence did not prove mala fide non-compliance beyond a reasonable doubt, as Mr Ngwenya believed he was not obliged to comply due to lack of consent and knowledge. The requirements for civil contempt were not met at this stage, and the applicants were not entitled to committal or a fine. The court granted condonation for the late filing of affidavits and ordered Mr Ngwenya to comply with the Mpshe order within 60 days, granting the applicants leave to seek further relief if non-compliance...

Court Disposition

Application to enforce compliance with court order granted; civil contempt remedies refused at this stage; condonation for late filing granted; leave to approach court for further relief if necessary; no order as to costs.

Orders

  • Bar is uplifted in respect of the delivery of the respondent’s answering affidavit and condonation is granted for the late filing of the answering and replying affidavits.
  • The respondent, Mr Mandla John Ngwenya, is directed no later than 60 calendar days from the date of this order to comply with the order of this Court granted on 18 March 2016 under case number LCC114/2008.