Kruger v Sibanyoni and Others (LCC119/2020) [2023] ZALCC 37 (26 October 2023)

Kruger v Sibanyoni and Others (LCC119/2020) [2023] ZALCC 37 (26 October 2023)

The court held that the installation of electricity is an improvement reasonably necessary to make the occupier's dwelling habitable and to enable the exercise of the right to human dignity as protected by section 5(a) of the Extension of Security of Tenure Act. The refusal by the landowner to consent to the installation of electricity unjustifiably limits the occupier's rights. Given the important public interest in access to electricity and the constitutional implications, there is a compelling reason for the appeal to be heard by the Supreme Court of Appeal. The application for leave to appeal is therefore granted, and no order as to costs is made as there are no exceptional...

Citation
[2023] ZALCC 37
Parties
Applicant: Maria Johanna Kruger; Respondent: Tate Matthew Sibanyoni & Sibanyoni Family; Respondent: Minister of Rural Development and Land Reform; Respondent: Provincial Head of the Department of Rural Development and Land Reform; Respondent: Eskom Holdings SOC Ltd; Respondent: Steve Tshwete Municipality
Court
Land Claims Court
Jurisdiction
South Africa
Judgment Date
26 October 2023
Case Number
LCC119/2020
Procedural Posture
Leave to Appeal / Application for Leave to Appeal to the Supreme Court of Appeal
Outcome
Application for leave to appeal granted; no order as to costs.
Judges
Y S Meer
Legal Topics
Extension of Security of Tenure Act, Right to Human Dignity, Access to Electricity, Bill of Rights Limitation
Land and Property Constitutional Law Extension of Security of Tenure Act Right to Human Dignity Access to Electricity Bill of Rights Limitation

Case Brief

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Parties

Maria Johanna Kruger

Applicant

Tate Matthew Sibanyoni & Sibanyoni Family

Respondent

Minister of Rural Development and Land Reform

Respondent

Provincial Head of the Department of Rural Development and Land Reform

Respondent

Eskom Holdings SOC Ltd

Respondent

Steve Tshwete Municipality

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal to the Supreme Court of Appeal

Legal Issues

  1. 1 Whether the installation of electricity for an occupier is reasonably necessary to make the dwelling habitable and to enable the exercise of the right to human dignity under section 5(a) of the Extension of Security of Tenure Act.
  2. 2 Whether the landowner's refusal to consent to the installation of electricity infringes the occupier's rights.
  3. 3 Whether there is a compelling reason for the appeal to be heard given the public interest in access to electricity.

Ratio Decidendi

The court held that the installation of electricity is an improvement reasonably necessary to make the occupier's dwelling habitable and to enable the exercise of the right to human dignity as protected by section 5(a) of the Extension of Security of Tenure Act. The refusal by the landowner to consent to the installation of electricity unjustifiably limits the occupier's rights. Given the important public interest in access to electricity and the constitutional implications, there is a compelling reason for the appeal to be heard by the Supreme Court of Appeal. The application for leave to appeal is therefore granted, and no order as to costs is made as there are no exceptional...

Court Disposition

Application for leave to appeal granted; no order as to costs.

Orders

  • The application for leave to appeal to the Supreme Court of Appeal is granted.
  • There is no order as to costs.