Friedshelf 325 (Pty) Limited and Another v Mokwena (652/17) [2018] ZASCA 102 (5 July 2018)

Friedshelf 325 (Pty) Limited and Another v Mokwena (652/17) [2018] ZASCA 102 (5 July 2018)

The Supreme Court of Appeal held that the subject property, having been incorporated into the area of jurisdiction of the Witbank Municipality since 1971, does not qualify as 'agricultural land' under the Subdivision of Agricultural Land Act 70 of 1970 and therefore cannot be considered a 'farm' under the Land Reform (Labour Tenants) Act 3 of 1996. The court found that the respondent does not meet the statutory definition of a labour tenant. Instead, she qualifies as an 'occupier' under the Extension of Security of Tenure Act 62 of 1997, which provides her with security of tenure. The court rejected the Land Claims Court's purposive interpretation, stating that it cannot reasonably be...

Citation
[2018] ZASCA 102
Parties
Appellant: Friedshelf 325 (Pty) Limited; Appellant: Ian Richard Bailie; Respondent: Sizane Betty Mokwena
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
5 July 2018
Case Number
652/17
Procedural Posture
Civil Appeal / Appeal From Land Claims Court, Randburg
Outcome
Appeal upheld. The order of the Land Claims Court is set aside and replaced with an order dismissing the plaintiff's claim. No order as to costs.
Judges
Maya, Mbha, Van der Merwe, Schippers, Mothle
Legal Topics
Labour Tenancy, Land Reform, Extension of Security of Tenure Act, Statutory Interpretation, Security of Tenure
Land and Property Constitutional Law Labour Tenancy Land Reform Extension of Security of Tenure Act Statutory Interpretation Security of Tenure

Case Brief

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Parties

Friedshelf 325 (Pty) Limited

Appellant

Ian Richard Bailie

Appellant

Sizane Betty Mokwena

Respondent

Procedural Posture

Civil Appeal / Appeal From Land Claims Court, Randburg

Legal Issues

  1. 1 Whether the subject property constitutes a 'farm' as contemplated in the Land Reform (Labour Tenants) Act 3 of 1996.
  2. 2 Whether the respondent qualifies as a labour tenant under the Act.
  3. 3 Whether the respondent is entitled to security of tenure as an 'occupier' under the Extension of Security of Tenure Act 62 of 1997.

Ratio Decidendi

The Supreme Court of Appeal held that the subject property, having been incorporated into the area of jurisdiction of the Witbank Municipality since 1971, does not qualify as 'agricultural land' under the Subdivision of Agricultural Land Act 70 of 1970 and therefore cannot be considered a 'farm' under the Land Reform (Labour Tenants) Act 3 of 1996. The court found that the respondent does not meet the statutory definition of a labour tenant. Instead, she qualifies as an 'occupier' under the Extension of Security of Tenure Act 62 of 1997, which provides her with security of tenure. The court rejected the Land Claims Court's purposive interpretation, stating that it cannot reasonably be...

Court Disposition

Appeal upheld. The order of the Land Claims Court is set aside and replaced with an order dismissing the plaintiff's claim. No order as to costs.

Orders

  • The appeal is upheld.
  • The order of the Land Claims Court is set aside and replaced with: 'The plaintiff's claim is dismissed. There is no order as to costs.'