Mabaso and Others v Goble N.O. and Others (LCC219/2015) [2023] ZALCC 3 (16 February 2023)

Mabaso and Others v Goble N.O. and Others (LCC219/2015) [2023] ZALCC 3 (16 February 2023)

The court found that although the first plaintiff had been declared a labour tenant, she failed to prove that she made a valid application for an award of land under section 16 of the Act before the statutory deadline. The application referenced was lodged by her late brother, Jabulani, who was not declared a labour tenant and whose application was not made to the Director General but to AFRA, an advocacy organisation. There was no evidence that the Director General gave the required notice to the landowner, nor that the application included the first plaintiff. The statutory requirements for a valid application and notice were not met, and the action was dismissed.

Citation
[2023] ZALCC 3
Parties
Plaintiff: Thandi Florah Mabaso; Plaintiff: Mondli Maxwell Dlamini; Plaintiff: Prudence Hlengiwe Mabaso; Defendant: Peter Everald Goble N.O.; Defendant: Willem Wouter Fourie N.O.; Defendant: Michael Arther Blore N.O.; Defendant: Carol Anne Goble N.O.; Defendant: The Director General: Rural Development & Land Affairs
Court
Land Claims Court
Jurisdiction
South Africa
Judgment Date
16 February 2023
Case Number
LCC219/2015
Procedural Posture
Civil Trial / Final Judgment After Trial
Outcome
Action dismissed with no order as to costs.
Judges
M T Ncube
Legal Topics
Labour Tenancy, Land Reform Labour Tenants Act, Award of Land, Section 16 Application, Procedural Compliance, Notice to Landowner
Land and Property Labour Tenancy Land Reform Labour Tenants Act Award of Land Section 16 Application Procedural Compliance Notice to Landowner

Case Brief

Summary, issues, holding and outcome

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Parties

Thandi Florah Mabaso

Plaintiff

Mondli Maxwell Dlamini

Plaintiff

Prudence Hlengiwe Mabaso

Plaintiff

Peter Everald Goble N.O.

Defendant

Willem Wouter Fourie N.O.

Defendant

Michael Arther Blore N.O.

Defendant

Carol Anne Goble N.O.

Defendant

The Director General: Rural Development & Land Affairs

Defendant

Procedural Posture

Civil Trial / Final Judgment After Trial

Legal Issues

  1. 1 Whether the first plaintiff made a valid application for an award of land under section 16 of the Land Reform (Labour Tenants) Act before the statutory deadline.
  2. 2 Whether the application lodged by Jabulani Alpheus Mabaso could be deemed to include the first plaintiff.
  3. 3 Whether statutory notice requirements under section 17 of the Act were complied with.

Ratio Decidendi

The court found that although the first plaintiff had been declared a labour tenant, she failed to prove that she made a valid application for an award of land under section 16 of the Act before the statutory deadline. The application referenced was lodged by her late brother, Jabulani, who was not declared a labour tenant and whose application was not made to the Director General but to AFRA, an advocacy organisation. There was no evidence that the Director General gave the required notice to the landowner, nor that the application included the first plaintiff. The statutory requirements for a valid application and notice were not met, and the action was dismissed.

Court Disposition

Action dismissed with no order as to costs.

Orders

  • The action is dismissed.
  • There is no order as to costs.