Elmir Mining (Pty) Limited and Others v Zulu and Others (30385/2016) [2017] ZAGPPHC 968 (1 September 2017)

Elmir Mining (Pty) Limited and Others v Zulu and Others (30385/2016) [2017] ZAGPPHC 968 (1 September 2017)

The court held that the City of Tshwane Metro Police is statutorily mandated to prevent crime, which encompasses preventing unlawful land invasions and enforcing court orders. The Metro Police's functions are not limited to traffic law enforcement; they are also responsible for policing municipal by-laws and preventing crime, including trespassing and disregard for court orders. The applicants established a clear right to the relief sought, and the presence of identified masterminds and trespassers on the land rendered the order practical. The court found no reason why the Metro Police should not be ordered to fulfil their statutory duties in this context.

Citation
[2017] ZAGPPHC 968
Parties
Applicant: Elmir Mining (Pty) Limited; Applicant: Josama Investments (Pty) Limited; Applicant: Afrisake NPC; Respondent: Zulu, Terrence; Respondent: Kabini, William; Respondent: All Trespassers Trespassing on the Properties Known as the Farm Schietpoort; Respondent: City of Tshwane Metropolitan Municipality; Respondent: The Minister of Police
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
1 September 2017
Case Number
30385/2016
Procedural Posture
Urgent Application / Final Relief Sought After Rule Nisi; Confirmation of Interim Order
Outcome
Application granted; rule nisi confirmed against the fourth respondent.
Judges
L Adams
Legal Topics
Unlawful Occupation, Mandamus, Metro Police Duties, Trespass, Enforcement of Court Orders
Land and Property Civil Procedure Administrative Law Unlawful Occupation Mandamus Metro Police Duties Trespass Enforcement of Court Orders

Case Brief

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Parties

Elmir Mining (Pty) Limited

Applicant

Josama Investments (Pty) Limited

Applicant

Afrisake NPC

Applicant

Zulu, Terrence

Respondent

Kabini, William

Respondent

All Trespassers Trespassing on the Properties Known as the Farm Schietpoort

Respondent

City of Tshwane Metropolitan Municipality

Respondent

The Minister of Police

Respondent

Procedural Posture

Urgent Application / Final Relief Sought After Rule Nisi; Confirmation of Interim Order

Legal Issues

  1. 1 Whether the City of Tshwane Metro Police has a statutory duty to assist in preventing unlawful land occupation and enforcing court orders.
  2. 2 Whether the applicants are entitled to a mandatory interdict (mandamus) against the Metro Police.
  3. 3 Whether the order sought is impractical due to the presence of unidentified respondents.

Ratio Decidendi

The court held that the City of Tshwane Metro Police is statutorily mandated to prevent crime, which encompasses preventing unlawful land invasions and enforcing court orders. The Metro Police's functions are not limited to traffic law enforcement; they are also responsible for policing municipal by-laws and preventing crime, including trespassing and disregard for court orders. The applicants established a clear right to the relief sought, and the presence of identified masterminds and trespassers on the land rendered the order practical. The court found no reason why the Metro Police should not be ordered to fulfil their statutory duties in this context.

Court Disposition

Application granted; rule nisi confirmed against the fourth respondent.

Orders

  • The rule nisi issued against the fourth respondent on 15 April 2016 is confirmed.
  • The fourth respondent is ordered to take all reasonable steps within its available resources, through its Metro Police Force, to ensure that effect is given to this order and that the unlawful occupation of the land comes to an end.