Khumalo and Others v ERF 507 Charles Street (Pty) Ltd and Others (LCC 232/2009) [2009] ZALCC 14 (8 November 2009)

Khumalo and Others v ERF 507 Charles Street (Pty) Ltd and Others (LCC 232/2009) [2009] ZALCC 14 (8 November 2009)

The court found that the applicants had not presented any recognized grounds for rescission or further stay of the eviction order. They had previously been afforded opportunities to petition the Supreme Court of Appeal but had not done so. The repeated applications appeared to be attempts to delay execution rather than genuine pursuit of legal remedies. Section 14 of the Land Reform (Labour Tenants) Act did not assist the applicants, as their claim had already been adjudicated and no special circumstances were shown. The court exercised its discretion not to award costs, considering the public interest nature of the litigation and the applicants' indigence, but warned that further...

Citation
[2009] ZALCC 14
Parties
Applicant: Mzikayifani Khumalo; Applicant: Mfanseneni Jameson Nzima; Applicant: Mbhekiseni Khumalo; Respondent: ERF 507 Charles Street (Pty) Ltd; Respondent: The Sheriff for the District Paulpietersburg; Respondent: The Director General for the Department of Land Affairs
Court
Land Claims Court
Jurisdiction
South Africa
Judgment Date
8 November 2009
Case Number
LCC232/2009
Procedural Posture
Urgent Application / Application for Urgent Interim Relief and Stay of Eviction Warrant
Outcome
Application dismissed; no order as to costs.
Judges
MIA, G Malindi
Legal Topics
Labour Tenant Eviction, Interim Interdict, Condonation, Rescission of Judgment, Public Interest Litigation
Land and Property Civil Procedure Labour Tenant Eviction Interim Interdict Condonation Rescission of Judgment Public Interest Litigation

Case Brief

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Parties

Mzikayifani Khumalo

Applicant

Mfanseneni Jameson Nzima

Applicant

Mbhekiseni Khumalo

Applicant

ERF 507 Charles Street (Pty) Ltd

Respondent

The Sheriff for the District Paulpietersburg

Respondent

The Director General for the Department of Land Affairs

Respondent

Procedural Posture

Urgent Application / Application for Urgent Interim Relief and Stay of Eviction Warrant

Legal Issues

  1. 1 Whether the applicants are entitled to urgent interim relief staying the execution of the eviction warrant pending determination of their land claim.
  2. 2 Whether the applicants have established grounds for condonation for non-compliance with court rules.
  3. 3 Whether the applicants have presented recognized grounds for rescission or further stay of eviction.

Ratio Decidendi

The court found that the applicants had not presented any recognized grounds for rescission or further stay of the eviction order. They had previously been afforded opportunities to petition the Supreme Court of Appeal but had not done so. The repeated applications appeared to be attempts to delay execution rather than genuine pursuit of legal remedies. Section 14 of the Land Reform (Labour Tenants) Act did not assist the applicants, as their claim had already been adjudicated and no special circumstances were shown. The court exercised its discretion not to award costs, considering the public interest nature of the litigation and the applicants' indigence, but warned that further...

Court Disposition

Application dismissed; no order as to costs.

Orders

  • The urgent application lodged on 27 November 2009 under case number LCC232/2009 is dismissed in its entirety.
  • There is no order as to costs.