Mahlangu and Another v Van der Merwe and Others (LCC: 142/2019) [2022] ZALCC 5 (3 February 2022)

Mahlangu and Another v Van der Merwe and Others (LCC: 142/2019) [2022] ZALCC 5 (3 February 2022)

The applicants are ESTA occupiers entitled to protection from eviction and to exercise tenure rights. However, they failed to plead and substantiate most of their claims with sufficient evidence, particularly regarding restoration of the grazing camp, deprivation of water, and harassment. The court found that the applicants are entitled to exercise their rights under sections 5 and 6 of ESTA, including the right to access electricity, and directed the respondents to engage meaningfully regarding electricity connection. Relief was refused on other prayers due to lack of evidence, but the applicants are permitted to approach the court for further relief on supplemented papers if necessary....

Citation
[2022] ZALCC 5
Parties
Applicant: Jacob Johannes Mahlangu; Applicant: Maria Manzini; Respondent: Gawie van der Merwe; Respondent: Albertus Petrus van der Merwe; Respondent: Minister of Rural Development; Respondent: Provincial Head of the Department and Land Reform; Respondent: Toys Boerdery (Pty) Limited; Respondent: Emakhazeni Local Municipality
Court
Land Claims Court
Jurisdiction
South Africa
Judgment Date
3 February 2022
Case Number
LCC: 142/2019
Procedural Posture
Civil Application / Opposed Motion; Judgment After Affidavits and Argument
Outcome
Partial relief granted; applicants entitled to exercise tenure rights and meaningful engagement regarding electricity. Other relief refused for lack of evidence. Costs reserved for postponement; otherwise, each party to pay own costs.
Judges
Cowen
Legal Topics
Extension of Security of Tenure Act, Tenure Rights, Access to Electricity, Meaningful Engagement, Constructive Eviction, Human Dignity
Land and Property Constitutional Law Extension of Security of Tenure Act Tenure Rights Access to Electricity Meaningful Engagement Constructive Eviction Human Dignity

Case Brief

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Parties

Jacob Johannes Mahlangu

Applicant

Maria Manzini

Applicant

Gawie van der Merwe

Respondent

Albertus Petrus van der Merwe

Respondent

Minister of Rural Development

Respondent

Provincial Head of the Department and Land Reform

Respondent

Toys Boerdery (Pty) Limited

Respondent

Emakhazeni Local Municipality

Respondent

Procedural Posture

Civil Application / Opposed Motion; Judgment After Affidavits and Argument

Legal Issues

  1. 1 Whether the applicants are entitled to restoration of their allocated grazing camp under ESTA.
  2. 2 Whether the applicants are entitled to exercise tenure rights under section 6 of ESTA.
  3. 3 Whether the applicants are entitled to renovate or improve their homestead without owner consent.

Ratio Decidendi

The applicants are ESTA occupiers entitled to protection from eviction and to exercise tenure rights. However, they failed to plead and substantiate most of their claims with sufficient evidence, particularly regarding restoration of the grazing camp, deprivation of water, and harassment. The court found that the applicants are entitled to exercise their rights under sections 5 and 6 of ESTA, including the right to access electricity, and directed the respondents to engage meaningfully regarding electricity connection. Relief was refused on other prayers due to lack of evidence, but the applicants are permitted to approach the court for further relief on supplemented papers if necessary....

Court Disposition

Partial relief granted; applicants entitled to exercise tenure rights and meaningful engagement regarding electricity. Other relief refused for lack of evidence. Costs reserved for postponement; otherwise, each party to pay own costs.

Orders

  • It is declared that the applicants are entitled to exercise their right, in terms of sections 5 and 6 of ESTA, to access electricity.
  • The first, second and fifth respondents are directed meaningfully to engage with the applicants regarding the connection of electricity to the applicants’ homestead and, in doing so, to facilitate engagement with the Municipality or any other person or entity responsible for enabling access to electricity.