Joubert N.O.and Others v Xacto (Pty) Ltd and Others (547/2021) [2023] ZANCHC 17 (21 April 2023)

Joubert N.O.and Others v Xacto (Pty) Ltd and Others (547/2021) [2023] ZANCHC 17 (21 April 2023)

The court found that the Riversdale Trust, through its trustees, engaged in prohibited actions under section 3 of the Subdivision of Agricultural Land Act by entering into lease agreements with occupiers for portions of agricultural land without Ministerial consent. The agreements, which included terms for long-term leases and the sale of shares linked to land occupation, constituted subdivision and contravened the Act. The arrangements also amounted to the unlawful establishment of a township, as evidenced by the creation of multiple residential units, supporting infrastructure, and the exercise of local authority functions by the developers. The respondents failed to raise a bona fide...

Citation
[2023] ZANCHC 17
Parties
Applicant: Gert Van der Walt Joubert N.O.; Applicant: Sandra Ann Joubert N.O.; Applicant: Gideon Jacobus Joubert N.O.; Applicant: Hendrik Johan Joubert N.O.; Respondent: Xacto (Pty) Ltd; Respondent: Johan Delport Freund N.O.; Respondent: Jolané Freund N.O.; Respondent: Pieter Stefan Van Der Westhuizen N.O.; Respondent: All Unknown Persons Occupying the Remainder of Farm [....], District Phillipstown; Respondent: The Minister of Agriculture, Land Reform and Rural Development; Respondent: The MEC: Free State Department: Agriculture and Rural Development; Respondent: Renosterberg Local Municipality; Respondent: Lucas Johannes Van der Schyff; Respondent: Barbra Van Der Schyff
Court
Northern Cape High Court, Kimberley
Jurisdiction
South Africa
Judgment Date
21 April 2023
Case Number
547/2021
Procedural Posture
Urgent Application / Final Judgment on Application
Outcome
Application granted in part; interdictory relief and costs awarded against the second, third, and fourth respondents.
Judges
Williams
Legal Topics
Subdivision of Agricultural Land Act, Township Establishment, Spatial Planning Land Use Management Act, Municipal Planning, Illegal Land Use, Lease Agreements
Land and Property Administrative Law Subdivision of Agricultural Land Act Township Establishment Spatial Planning Land Use Management Act Municipal Planning Illegal Land Use Lease Agreements

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Parties

Gert Van der Walt Joubert N.O.

Applicant

Sandra Ann Joubert N.O.

Applicant

Gideon Jacobus Joubert N.O.

Applicant

Hendrik Johan Joubert N.O.

Applicant

Xacto (Pty) Ltd

Respondent

Johan Delport Freund N.O.

Respondent

Jolané Freund N.O.

Respondent

Pieter Stefan Van Der Westhuizen N.O.

Respondent

All Unknown Persons Occupying the Remainder of Farm [....], District Phillipstown

Respondent

The Minister of Agriculture, Land Reform and Rural Development

Respondent

The MEC: Free State Department: Agriculture and Rural Development

Respondent

Renosterberg Local Municipality

Respondent

Lucas Johannes Van der Schyff

Respondent

Barbra Van Der Schyff

Respondent

Procedural Posture

Urgent Application / Final Judgment on Application

Legal Issues

  1. 1 Whether the respondents contravened the Subdivision of Agricultural Land Act by subdividing agricultural land without Ministerial consent.
  2. 2 Whether the respondents unlawfully established a township on agricultural land contrary to SPLUMA and local planning legislation.
  3. 3 Whether the lease agreements and arrangements constitute prohibited actions under the relevant statutes.

Ratio Decidendi

The court found that the Riversdale Trust, through its trustees, engaged in prohibited actions under section 3 of the Subdivision of Agricultural Land Act by entering into lease agreements with occupiers for portions of agricultural land without Ministerial consent. The agreements, which included terms for long-term leases and the sale of shares linked to land occupation, constituted subdivision and contravened the Act. The arrangements also amounted to the unlawful establishment of a township, as evidenced by the creation of multiple residential units, supporting infrastructure, and the exercise of local authority functions by the developers. The respondents failed to raise a bona fide...

Court Disposition

Application granted in part; interdictory relief and costs awarded against the second, third, and fourth respondents.

Orders

  • An order is granted in terms of prayers 1, 2, and 3 of the Notice of Motion.
  • The second, third, and fourth respondents are to pay the costs of the application.