Glencore Operations South Africa (Pty) Ltd v Mnguni and Others (LCC105/2017) [2018] ZALCC 2 (23 January 2018)

Glencore Operations South Africa (Pty) Ltd v Mnguni and Others (LCC105/2017) [2018] ZALCC 2 (23 January 2018)

The court found that while the applicant demonstrated a real and imminent danger of harm to the respondents due to mining activities, it failed to prove that no alternative remedy was available. The applicant could have sought a deviation of its mining license or continued using a temporary dump site, even if costly. Furthermore, the hardship faced by the respondents if evicted, including emotional trauma, disruption of lifestyle, and exposure to unfamiliar urban conditions, outweighed the financial prejudice to the applicant. The requirements of section 15(1)(b) and (c) of both Acts were not satisfied, and failure to discharge the onus on any requirement is fatal to the application for...

Citation
[2018] ZALCC 2
Parties
Applicant: Glencore Operations South Africa (Pty) Ltd; Respondent: Meisie Emily Mnguni; Respondent: Thomas Sunday Mnguni; Respondent: Annah Gumede; Respondent: Zenzile Gumede; Respondent: Phindile Roseline Gumede; Respondent: Ida Terebusa Gumede; Respondent: Stephen Tsepo Madonsela; Respondent: Nkosinathi Mahlangu; Respondent: Thandi Gumede; Respondent: Thandi Michelle Mahlangu; Respondent: Elias Mzwandile Mahlangu; Respondent: Mbali Annah Phindani; Respondent: Montsiwa Jan Sefawa; Respondent: John Zakhele Sefawa; Respondent: Aaron Kobi Tolom; Respondent: Thembinkosi Thomas Mahlangu; Respondent: Peter Tolom; Respondent: Ben Mokoena
Court
Land Claims Court
Jurisdiction
South Africa
Judgment Date
23 January 2018
Case Number
LCC105/2017
Procedural Posture
Urgent Application / Application for Urgent Interim Eviction Order Under ESTA and Labour Tenants Act
Outcome
Application for urgent interim eviction dismissed.
Judges
M P Canca
Legal Topics
Extension of Security of Tenure Act, Labour Tenants Act, Urgent Eviction, Interim Relief, Balancing of Hardship
Land and Property Civil Procedure Extension of Security of Tenure Act Labour Tenants Act Urgent Eviction Interim Relief Balancing of Hardship

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Parties

Glencore Operations South Africa (Pty) Ltd

Applicant

Meisie Emily Mnguni

Respondent

Thomas Sunday Mnguni

Respondent

Annah Gumede

Respondent

Zenzile Gumede

Respondent

Phindile Roseline Gumede

Respondent

Ida Terebusa Gumede

Respondent

Stephen Tsepo Madonsela

Respondent

Nkosinathi Mahlangu

Respondent

Thandi Gumede

Respondent

Thandi Michelle Mahlangu

Respondent

Elias Mzwandile Mahlangu

Respondent

Mbali Annah Phindani

Respondent

Montsiwa Jan Sefawa

Respondent

John Zakhele Sefawa

Respondent

Aaron Kobi Tolom

Respondent

Thembinkosi Thomas Mahlangu

Respondent

Peter Tolom

Respondent

Ben Mokoena

Respondent

Procedural Posture

Urgent Application / Application for Urgent Interim Eviction Order Under ESTA and Labour Tenants Act

Legal Issues

  1. 1 Whether the requirements for an urgent interim eviction under section 15 of ESTA and section 15 of the Labour Tenants Act are satisfied.
  2. 2 Whether there is a real and imminent danger of substantial injury or damage to persons or property if the respondents are not removed.
  3. 3 Whether there is no alternative remedy available to prevent the alleged injury or damage.

Ratio Decidendi

The court found that while the applicant demonstrated a real and imminent danger of harm to the respondents due to mining activities, it failed to prove that no alternative remedy was available. The applicant could have sought a deviation of its mining license or continued using a temporary dump site, even if costly. Furthermore, the hardship faced by the respondents if evicted, including emotional trauma, disruption of lifestyle, and exposure to unfamiliar urban conditions, outweighed the financial prejudice to the applicant. The requirements of section 15(1)(b) and (c) of both Acts were not satisfied, and failure to discharge the onus on any requirement is fatal to the application for...

Court Disposition

Application for urgent interim eviction dismissed.

Orders

  • The application for the urgent removal of the respondents and all persons claiming title or occupation through or under them from premises situated on Portion 4 of the Farm Goedgevonden 10 IS, Mpumalanga Province, pending the outcome of proceedings for a final eviction order under Part B of the Notice of Motion, is...
  • The applicant must commence proceedings for a final order against the respondents and those residing with them within 10 days of this Order.