Hlatshwayo v Wingfield and Others (LCC125/2011) [2012] ZALCC 19 (19 October 2012)

Hlatshwayo v Wingfield and Others (LCC125/2011) [2012] ZALCC 19 (19 October 2012)

The applicant established that his right of access to his home from the main road was impeded by the respondents, who failed to provide a key and constructed a fence, resulting in his family being locked out. The respondents' version was contradictory regarding available access routes, and their denial of impeding access was not supported by the inspection in loco or their own correspondence. The applicant satisfied the requirements for a final interdict under the Plascon-Evans rule, as no genuine dispute of fact was raised. The application to amend the interim order to confirm labour tenancy was refused, as the applicant failed to provide sufficient factual detail to meet statutory...

Citation
[2012] ZALCC 19
Parties
Applicant: Christopher Gerald Hlatshwayo; Respondent: Adrian Wingfield; Respondent: The Trustees for the Wingfield Family Trust No 5049/99; Respondent: The Director General for the Department of Rural Development and Land Reform
Court
Land Claims Court
Jurisdiction
South Africa
Judgment Date
19 October 2012
Case Number
LCC125/2011
Procedural Posture
Urgent Application / Final Determination of Urgent Interdict and Related Applications
Outcome
Final interdict granted in favour of the applicant for unimpeded access from the main road; amendment application refused; application to strike out granted with costs; no costs order for main application.
Judges
Sardiwalla
Legal Topics
Labour Tenancy, Interdict, Access Rights, Abuse of Process, Striking Out Scandalous Matter
Land and Property Civil Procedure Labour Tenancy Interdict Access Rights Abuse of Process Striking Out Scandalous Matter

Case Brief

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Parties

Christopher Gerald Hlatshwayo

Applicant

Adrian Wingfield

Respondent

The Trustees for the Wingfield Family Trust No 5049/99

Respondent

The Director General for the Department of Rural Development and Land Reform

Respondent

Procedural Posture

Urgent Application / Final Determination of Urgent Interdict and Related Applications

Legal Issues

  1. 1 Did the applicant satisfy service requirements for the urgent application.
  2. 2 Did the applicant meet the requirements for urgency under Rule 34 regarding harassment and intimidation.
  3. 3 Was a trench dug to impede the applicant's access to his home.

Ratio Decidendi

The applicant established that his right of access to his home from the main road was impeded by the respondents, who failed to provide a key and constructed a fence, resulting in his family being locked out. The respondents' version was contradictory regarding available access routes, and their denial of impeding access was not supported by the inspection in loco or their own correspondence. The applicant satisfied the requirements for a final interdict under the Plascon-Evans rule, as no genuine dispute of fact was raised. The application to amend the interim order to confirm labour tenancy was refused, as the applicant failed to provide sufficient factual detail to meet statutory...

Court Disposition

Final interdict granted in favour of the applicant for unimpeded access from the main road; amendment application refused; application to strike out granted with costs; no costs order for main application.

Orders

  • The first and second respondents and any persons through them are interdicted from impeding the applicant and his family's access to the applicant’s home on farm Weltevrede No 1017, Kwa Zulu Natal, known as St Ives Farm.
  • Use of the driveway from the main road (R103) to the applicant’s home by pedestrian and vehicular traffic is reinstated.