Kriek v Buthelezi (LCC24/01) [2003] ZALCC 39 (26 September 2003)

Kriek v Buthelezi (LCC24/01) [2003] ZALCC 39 (26 September 2003)

The Court found that the defendant met all requirements of a labour tenant under the Land Reform (Labour Tenants) Act, and was not a farmworker. The relationship between the parties had irretrievably broken down due to the defendant's repeated breaches, including failure to maintain fences, unauthorized harvesting of protected plants, intimidation, theft, and criminal conviction for dealing in protected wildlife. The plaintiff complied substantially with statutory notice and mediation requirements, including attempts to secure alternative accommodation for the defendant, which were refused. The defendant was not entitled to compensation for structures, as his conduct and lack of...

Citation
[2003] ZALCC 39
Parties
Plaintiff: J P Kriek; Defendant: M Buthelezi
Court
Land Claims Court
Jurisdiction
South Africa
Judgment Date
26 September 2003
Case Number
LCC24/01
Procedural Posture
Eviction Application / Final Judgment After Trial and Transfer From Magistrate's Court
Outcome
Eviction granted; defendant ordered to vacate farm with opportunity to demolish structures and tend crops; wasted costs awarded against defendant for postponements.
Judges
J Moloto
Legal Topics
Labour Tenant Definition, Eviction Requirements, Compensation on Eviction, Mediation Attempts, Extension of Security of Tenure Act, Land Reform Labour Tenants Act
Land and Property Labour Tenant Definition Eviction Requirements Compensation on Eviction Mediation Attempts Extension of Security of Tenure Act Land Reform Labour Tenants Act

Case Brief

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Parties

J P Kriek

Plaintiff

M Buthelezi

Defendant

Procedural Posture

Eviction Application / Final Judgment After Trial and Transfer From Magistrate's Court

Legal Issues

  1. 1 Whether the defendant qualifies as a labour tenant under the Land Reform (Labour Tenants) Act.
  2. 2 Whether the requirements for eviction of a labour tenant under section 7(2)(b) of the Act have been met.
  3. 3 Whether the plaintiff complied with the notice and mediation requirements under section 11 of the Labour Tenants Act.

Ratio Decidendi

The Court found that the defendant met all requirements of a labour tenant under the Land Reform (Labour Tenants) Act, and was not a farmworker. The relationship between the parties had irretrievably broken down due to the defendant's repeated breaches, including failure to maintain fences, unauthorized harvesting of protected plants, intimidation, theft, and criminal conviction for dealing in protected wildlife. The plaintiff complied substantially with statutory notice and mediation requirements, including attempts to secure alternative accommodation for the defendant, which were refused. The defendant was not entitled to compensation for structures, as his conduct and lack of...

Court Disposition

Eviction granted; defendant ordered to vacate farm with opportunity to demolish structures and tend crops; wasted costs awarded against defendant for postponements.

Orders

  • The defendant is ordered to leave the farm Tochgevonden together with all those claiming to reside on the said farm through him, and remove all his livestock and other property from the said farm on or before 7 January 2004.
  • Should the defendant not leave the farm Tochgevonden and remove his property as stated above, the Sheriff is authorised and ordered to evict the defendant and all those residing on the said farm through him and remove his livestock and other property on or after 14 January 2004.