Dintsi and Another v Van Breda and Another (LCC15/2019) [2019] ZALCC 29 (10 May 2019)

Dintsi and Another v Van Breda and Another (LCC15/2019) [2019] ZALCC 29 (10 May 2019)

The court found that the applicants have established a prima facie right to interim relief, as they have not abandoned their residence on the farm and their absence was due to health and employment reasons, which do not negate their rights under ESTA. The respondents' conduct in locking the gate and erecting an electric fence without consultation infringed the applicants' right to dignity and access to their homestead. The points in limine raised by the respondents—urgency, non-joinder, lis pendens, and factual disputes—were dismissed as lacking merit. The court held that the applicants are entitled to interim relief pending the final determination of the Magistrate's Court proceedings,...

Citation
[2019] ZALCC 29
Parties
Applicant: Phillip Dintsi; Applicant: Sanah Dintsi; Respondent: Dewald Van Breda; Respondent: Yolandi Van Breda
Court
Land Claims Court
Jurisdiction
South Africa
Judgment Date
10 May 2019
Case Number
LCC 15/2019
Procedural Posture
Urgent Application / Interim Interdict Pending Outcome of Magistrate's Court Proceedings
Outcome
Interim interdict granted in favour of the applicants; all points in limine dismissed; no order as to costs.
Judges
Ncube
Legal Topics
Extension of Security of Tenure Act, Interim Interdict, Right of Way, Urgent Application, Joinder, Lis Pendens
Land and Property Civil Procedure Extension of Security of Tenure Act Interim Interdict Right of Way Urgent Application Joinder Lis Pendens

Case Brief

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Parties

Phillip Dintsi

Applicant

Sanah Dintsi

Applicant

Dewald Van Breda

Respondent

Yolandi Van Breda

Respondent

Procedural Posture

Urgent Application / Interim Interdict Pending Outcome of Magistrate's Court Proceedings

Legal Issues

  1. 1 Whether the applicants have a prima facie right to interim relief pending the Magistrate's Court proceedings.
  2. 2 Whether urgency, non-joinder, lis pendens, and factual disputes bar the granting of interim relief.
  3. 3 Whether the respondents' conduct infringes the applicants' right to dignity and access to their homestead.

Ratio Decidendi

The court found that the applicants have established a prima facie right to interim relief, as they have not abandoned their residence on the farm and their absence was due to health and employment reasons, which do not negate their rights under ESTA. The respondents' conduct in locking the gate and erecting an electric fence without consultation infringed the applicants' right to dignity and access to their homestead. The points in limine raised by the respondents—urgency, non-joinder, lis pendens, and factual disputes—were dismissed as lacking merit. The court held that the applicants are entitled to interim relief pending the final determination of the Magistrate's Court proceedings,...

Court Disposition

Interim interdict granted in favour of the applicants; all points in limine dismissed; no order as to costs.

Orders

  • All points in limine are dismissed.
  • The Rule Nisi is confirmed.