Husselman and Another v Transnet Soc Limited (413/2014) [2014] ZANCHC 28 (19 May 2014)

Husselman and Another v Transnet Soc Limited (413/2014) [2014] ZANCHC 28 (19 May 2014)

The court found that Mr Hüsselman had undisturbed access to the farms for grazing purposes since the 1980s, and that the locking of gates by Transnet constituted unlawful deprivation of his quasi-possession of the right of access. The requirements for the mandament van spolie were satisfied, as possession and deprivation were proven and no lawful justification was advanced by Transnet. The court distinguished between physical possession of the crusher-dust and quasi-possession of access rights, holding that the spoliation remedy applied to the latter. Regarding the interim interdict, the court found that the applicants' right to the crusher-dust was open to doubt, the balance of...

Citation
[2014] ZANCHC 28
Parties
Applicant: Johan Arnold Hüsselman; Applicant: Audrey Joan Richards; Respondent: Transnet SOC Limited
Court
Northern Cape High Court, Kimberley
Jurisdiction
South Africa
Judgment Date
19 May 2014
Case Number
413/2014
Procedural Posture
Urgent Application / Judgment on Urgent Application for Spoliation and Interim Interdict
Outcome
The application for restoration of access to the farms succeeded; the application for an interim interdict regarding the crusher-dust was dismissed.
Judges
M.V. Phatshoane
Legal Topics
Mandament Van Spolie, Quasi Possession, Interim Interdict, Grazing Rights, Ownership Dispute, Balance of Convenience
Civil Procedure Land and Property Mandament Van Spolie Quasi Possession Interim Interdict Grazing Rights Ownership Dispute Balance of Convenience

Case Brief

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Parties

Johan Arnold Hüsselman

Applicant

Audrey Joan Richards

Applicant

Transnet SOC Limited

Respondent

Procedural Posture

Urgent Application / Judgment on Urgent Application for Spoliation and Interim Interdict

Legal Issues

  1. 1 Whether the applicants were unlawfully deprived of their right of access to the expropriated farms, amounting to spoliation.
  2. 2 Whether the applicants are entitled to an interim interdict restraining the respondent from removing crusher-dust pending the outcome of the action.
  3. 3 Whether the applicants have established a prima facie right to ownership or control of the crusher-dust stockpile.

Ratio Decidendi

The court found that Mr Hüsselman had undisturbed access to the farms for grazing purposes since the 1980s, and that the locking of gates by Transnet constituted unlawful deprivation of his quasi-possession of the right of access. The requirements for the mandament van spolie were satisfied, as possession and deprivation were proven and no lawful justification was advanced by Transnet. The court distinguished between physical possession of the crusher-dust and quasi-possession of access rights, holding that the spoliation remedy applied to the latter. Regarding the interim interdict, the court found that the applicants' right to the crusher-dust was open to doubt, the balance of...

Court Disposition

The application for restoration of access to the farms succeeded; the application for an interim interdict regarding the crusher-dust was dismissed.

Orders

  • Transnet SOC Limited is ordered to restore to Mr Johan Arnold Hüsselman, his workers, contractors, or authorised persons a right of access to Portion 3 of Farm Riet Fonteins 185 and Portion 3 of Farm Riet Fonteins 165.
  • Transnet SOC Limited is ordered to remove all locks and barricades to the gates giving the first applicant access to the properties.