Emakhasaneni Community and Another v Minister of Rural Development and Land Reform and Others (LCC 03/2009) [2014] ZALCC 13 (9 June 2014)

Emakhasaneni Community and Another v Minister of Rural Development and Land Reform and Others (LCC 03/2009) [2014] ZALCC 13 (9 June 2014)

The court found that both the intervening party and the claimant community were aware of the relevant disputes and issues for several years but failed to act timeously. The intervening party, led by Dludla, had legal representation and ample opportunity to intervene and review the gazetting of the claim but delayed until the eve of trial, causing wasted costs. The claimant community's attempt to withdraw admissions and amend its claim at the last minute also necessitated postponement and constituted special circumstances. The court exercised its discretion to depart from the general rule against costs orders in land claim matters, finding that both the intervening party (Dludla and those...

Citation
[2014] ZALCC 13
Parties
Plaintiff: Emakhasaneni Community; Applicant: Isizwe Sakwa Dludla (Dludla Tribe); Defendant: Minister of Rural Development and Land Reform; Defendant: Regional Land Claims Commissioner, KwaZulu-Natal; Defendant: Vriendschap Boerdery; Defendant: Spes Bona Timber Estate (Pty) Ltd; Defendant: Central Timber Co-operative Ltd; Defendant: Wessel Hendrik Els; Defendant: Mapholoba Farming CC; Defendant: Manzini Estate (Pty) Ltd; Defendant: Willem Vermaak; Defendant: Wansbeck Farms CC; Defendant: Vlakpoort Trust; Defendant: JJS Maritz Merino Trust; Defendant: Merkor Farm Trust; Defendant: E D Maritz Merino Trust; Defendant: Raymond James McMurray; Defendant: Haydn Percival Family Trust; Defendant: Kerrie Inv (Pty) Ltd; Defendant: Swaar Begin Landgoed CC; Defendant: Rudie Stephanus Schnetler; Defendant: C A Leitch & Sons (Pty) Ltd; Defendant: Schnetler Trust; Defendant: Leon Johannes Beukes; Defendant: Andrew James Stuart McLlrath; Defendant: Mondi Ltd; Defendant: Phindithemba Mpumelelo Manqele & Agness Samkeliswe Manqele; Defendant: Mthonjaneni Municipality; Defendant: Roman Catholic Church; Defendant: Peach Farm (Pty) Ltd; Defendant: Peter James Ridden; Defendant: Provincial Director: Department of Land Reform Office; Defendant: Registrar of Deeds
Court
Land Claims Court
Jurisdiction
South Africa
Judgment Date
9 June 2014
Case Number
LCC 03/2009
Procedural Posture
Civil Application / Application for Wasted Costs Following Indefinite Postponement of Trial
Outcome
Wasted costs ordered against the plaintiff claimant community, Dumisani Dludla, and those members of the intervening party who mandated him, jointly and severally, in favour of the third to sixth and eighth to twenty-third defendants. Costs to be on a party and party scale, including costs of two counsel for five...
Judges
M P Canca, E Bertelsmann
Legal Topics
Restitution of Land Rights Act, Wasted Costs, Special Circumstances, Community Representation Dispute, Postponement of Trial, Costs in Land Claims
Land and Property Civil Procedure Constitutional Law Restitution of Land Rights Act Wasted Costs Special Circumstances Community Representation Dispute Postponement of Trial +1 more

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Parties

Emakhasaneni Community

Plaintiff

Isizwe Sakwa Dludla (Dludla Tribe)

Applicant

Minister of Rural Development and Land Reform

Defendant

Regional Land Claims Commissioner, KwaZulu-Natal

Defendant

Vriendschap Boerdery

Defendant

Spes Bona Timber Estate (Pty) Ltd

Defendant

Central Timber Co-operative Ltd

Defendant

Wessel Hendrik Els

Defendant

Mapholoba Farming CC

Defendant

Manzini Estate (Pty) Ltd

Defendant

Willem Vermaak

Defendant

Wansbeck Farms CC

Defendant

Vlakpoort Trust

Defendant

JJS Maritz Merino Trust

Defendant

Merkor Farm Trust

Defendant

E D Maritz Merino Trust

Defendant

Raymond James McMurray

Defendant

Haydn Percival Family Trust

Defendant

Kerrie Inv (Pty) Ltd

Defendant

Swaar Begin Landgoed CC

Defendant

Rudie Stephanus Schnetler

Defendant

C A Leitch & Sons (Pty) Ltd

Defendant

Schnetler Trust

Defendant

Leon Johannes Beukes

Defendant

Andrew James Stuart McLlrath

Defendant

Mondi Ltd

Defendant

Phindithemba Mpumelelo Manqele & Agness Samkeliswe Manqele

Defendant

Mthonjaneni Municipality

Defendant

Roman Catholic Church

Defendant

Peach Farm (Pty) Ltd

Defendant

Peter James Ridden

Defendant

Provincial Director: Department of Land Reform Office

Defendant

Registrar of Deeds

Defendant

Procedural Posture

Civil Application / Application for Wasted Costs Following Indefinite Postponement of Trial

Legal Issues

  1. 1 Whether the intervening party's late application to intervene and for postponement constitutes special circumstances justifying a costs order.
  2. 2 Whether the claimant community's attempt to withdraw admissions and amend its claim warrants a costs order.
  3. 3 Whether the Regional Land Claims Commissioner failed to resolve representation disputes and should be liable for wasted costs.

Ratio Decidendi

The court found that both the intervening party and the claimant community were aware of the relevant disputes and issues for several years but failed to act timeously. The intervening party, led by Dludla, had legal representation and ample opportunity to intervene and review the gazetting of the claim but delayed until the eve of trial, causing wasted costs. The claimant community's attempt to withdraw admissions and amend its claim at the last minute also necessitated postponement and constituted special circumstances. The court exercised its discretion to depart from the general rule against costs orders in land claim matters, finding that both the intervening party (Dludla and those...

Court Disposition

Wasted costs ordered against the plaintiff claimant community, Dumisani Dludla, and those members of the intervening party who mandated him, jointly and severally, in favour of the third to sixth and eighth to twenty-third defendants. Costs to be on a party and party scale, including costs of two counsel for five...

Orders

  • The plaintiff claimant community, Dumisani Dludla and those members of the intervening party who are later found to have mandated Dumisani Dludla, shall pay the wasted costs of the third, fourth, fifth, sixth, eighth, ninth, tenth, eleventh, twelfth, thirteenth, fourteenth, fifteenth, sixteenth, seventeenth,...
  • Such costs shall be on a party and party scale and shall include the costs of two counsel for five days.