FW Ortmann Trust and Another v Gumede and Others (LCC58/2017D) [2019] ZALCC 22 (9 September 2019)

FW Ortmann Trust and Another v Gumede and Others (LCC58/2017D) [2019] ZALCC 22 (9 September 2019)

The court found that the respondents' conduct, including threats, violence, arson, and obstruction of court orders, created a real and imminent danger to persons and property on the farm. The applicants had no other effective remedy, and the hardship to them outweighed any hardship to the respondents, who had alternative accommodation available. The requirements of section 15 of ESTA for urgent interim removal were satisfied. The respondents' conduct justified costs on an attorney and client scale, but not for two counsel. The application was for interim removal pending final eviction proceedings, not a final eviction order. The relief sought was granted, with appropriate orders for...

Citation
[2019] ZALCC 22
Parties
Applicant: FW Ortmann Trust; Applicant: Ortmann Brothers; Respondent: Lucy Gumede; Respondent: Bongiwe Gumede; Respondent: Bonginkosi Gumede; Respondent: Thulani Gumede; Respondent: Thandiwe Gumede; Respondent: Jabulisile Gumede; Respondent: Sifiso Gumede; Respondent: Sanelisiwe Gumede; Respondent: Xolani Gumede
Court
Land Claims Court
Jurisdiction
South Africa
Judgment Date
9 September 2019
Case Number
LCC58/2017D
Procedural Posture
Urgent Application / Interim Removal Pending Final Eviction Proceedings
Outcome
Urgent interim removal of the First to Ninth Respondents from house number 12 on the farm granted; costs awarded on attorney and client scale; other eviction relief adjourned sine die.
Judges
T M Ncube
Legal Topics
Extension of Security of Tenure Act, Urgent Eviction, Interim Relief, Municipal Housing Obligations
Land and Property Civil Procedure Extension of Security of Tenure Act Urgent Eviction Interim Relief Municipal Housing Obligations

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Parties

FW Ortmann Trust

Applicant

Ortmann Brothers

Applicant

Lucy Gumede

Respondent

Bongiwe Gumede

Respondent

Bonginkosi Gumede

Respondent

Thulani Gumede

Respondent

Thandiwe Gumede

Respondent

Jabulisile Gumede

Respondent

Sifiso Gumede

Respondent

Sanelisiwe Gumede

Respondent

Xolani Gumede

Respondent

Procedural Posture

Urgent Application / Interim Removal Pending Final Eviction Proceedings

Legal Issues

  1. 1 Whether the requirements for urgent interim removal under section 15 of ESTA and/or the LTA are satisfied.
  2. 2 Whether the respondents pose a real and imminent danger to persons or property on the farm.
  3. 3 Whether adequate arrangements exist for reinstatement if final eviction is not granted.

Ratio Decidendi

The court found that the respondents' conduct, including threats, violence, arson, and obstruction of court orders, created a real and imminent danger to persons and property on the farm. The applicants had no other effective remedy, and the hardship to them outweighed any hardship to the respondents, who had alternative accommodation available. The requirements of section 15 of ESTA for urgent interim removal were satisfied. The respondents' conduct justified costs on an attorney and client scale, but not for two counsel. The application was for interim removal pending final eviction proceedings, not a final eviction order. The relief sought was granted, with appropriate orders for...

Court Disposition

Urgent interim removal of the First to Ninth Respondents from house number 12 on the farm granted; costs awarded on attorney and client scale; other eviction relief adjourned sine die.

Orders

  • The Sheriff or his Deputy, assisted by SAPS and/or private security, is ordered to forthwith remove the First to Ninth Respondents from house number 12 on the farm pending final eviction proceedings.
  • Relief pertaining to eviction of the First to Ninth Respondents is adjourned sine die.