Geldenhuys v Thwala and Others (LCC18/05) [2005] ZALCC 7 (21 September 2005)

Geldenhuys v Thwala and Others (LCC18/05) [2005] ZALCC 7 (21 September 2005)

The court found that the applicant had locus standi as a person in charge of the farm, being in physical possession and authorized by the owner. The urgency of the application was established by the respondents' attorney's letter, which threatened imminent reoccupation and burial on the farm, creating a real risk of confrontation. The cause of action was justified by the need to prevent such confrontation and maintain the status quo pending finalization of proceedings in the Magistrate's Court. The order of Meer J did not set aside the previous eviction order but merely remitted the matter for further proceedings under section 13(1A) of the Labour Tenants Act. Therefore, the eviction...

Citation
[2005] ZALCC 7
Parties
Applicant: Hermanus Christiaan Geldenhuys; Respondent: Thomas Thwala; Respondent: Piki Francina Thwala; Respondent: Bongani Thwala; Respondent: Themba Thwala; Respondent: Thomasana Thwala
Court
Land Claims Court
Jurisdiction
South Africa
Judgment Date
21 September 2005
Case Number
LCC18/05
Procedural Posture
Urgent Application / Application to Vary Eviction Order Pending Review
Outcome
Application granted. The previous eviction order is varied to remain operative pending finalization of proceedings in the Magistrate's Court. Costs awarded against respondents jointly and severally.
Judges
Moloto
Legal Topics
Extension of Security of Tenure Act, Labour Tenants, Eviction Proceedings, Urgent Interdict
Land and Property Civil Procedure Extension of Security of Tenure Act Labour Tenants Eviction Proceedings Urgent Interdict

Case Brief

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Parties

Hermanus Christiaan Geldenhuys

Applicant

Thomas Thwala

Respondent

Piki Francina Thwala

Respondent

Bongani Thwala

Respondent

Themba Thwala

Respondent

Thomasana Thwala

Respondent

Procedural Posture

Urgent Application / Application to Vary Eviction Order Pending Review

Legal Issues

  1. 1 Whether the applicant has locus standi to bring the application for eviction.
  2. 2 Whether the application is urgent in light of the respondents' threatened reoccupation and burial on the farm.
  3. 3 Whether the applicant has established a cause of action for the relief sought.

Ratio Decidendi

The court found that the applicant had locus standi as a person in charge of the farm, being in physical possession and authorized by the owner. The urgency of the application was established by the respondents' attorney's letter, which threatened imminent reoccupation and burial on the farm, creating a real risk of confrontation. The cause of action was justified by the need to prevent such confrontation and maintain the status quo pending finalization of proceedings in the Magistrate's Court. The order of Meer J did not set aside the previous eviction order but merely remitted the matter for further proceedings under section 13(1A) of the Labour Tenants Act. Therefore, the eviction...

Court Disposition

Application granted. The previous eviction order is varied to remain operative pending finalization of proceedings in the Magistrate's Court. Costs awarded against respondents jointly and severally.

Orders

  • The order granted by this Court on 22 April 2005 is varied to provide that, pending finalization of proceedings in the Magistrate's Court for the district Volkrust under case number 222/2004, including any review thereof, the respondents and any person claiming occupation through or under them remain evicted from...
  • The respondents are ordered to pay the costs of this application jointly and severally, the one paying the others to be absolved.