Mahlangu and Others v Thembisile Hani Local Municipality (Application for Leave to Appeal) (5018/2022) [2024] ZAMPMHC 48 (23 August 2024)

Mahlangu and Others v Thembisile Hani Local Municipality (Application for Leave to Appeal) (5018/2022) [2024] ZAMPMHC 48 (23 August 2024)

The court found that the application for leave to appeal was procedurally defective, as the First Applicant failed to establish authority to act for all respondents and the grounds of appeal were not clearly stated as required by Rule 49(1)(b). The applicants did not demonstrate reasonable prospects of success on appeal, either on the facts or the law. The Municipality was found to be the owner of the properties, and the applicants were unlawful occupiers who failed to raise a valid defence. The contradiction in the applicants' reliance on both the Restitution of Land Rights Act and PIE undermined their bona fides. The period of occupation was less than six months when litigation...

Citation
[2024] ZAMPMHC 48
Parties
Applicant: Dambuza Judas Mahlangu; Applicant: Joyina Johannes Jiyane; Applicant: Unlawful Occupiers of Portion 1, 3, 4 and 5 of the Farm Vlaklaagte 221 JR; Respondent: Thembisile Hani Local Municipality
Court
Middelburg High Court, Mpumalanga
Jurisdiction
South Africa
Judgment Date
23 August 2024
Case Number
5018/2022
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Eviction Order
Outcome
Application for leave to appeal dismissed with costs on Scale C.
Judges
Langa
Legal Topics
Eviction Proceedings, Unlawful Occupation, Alternative Accommodation, Leave to Appeal, Authority to Act, Condonation
Land and Property Civil Procedure Eviction Proceedings Unlawful Occupation Alternative Accommodation Leave to Appeal Authority to Act Condonation

Case Brief

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Parties

Dambuza Judas Mahlangu

Applicant

Joyina Johannes Jiyane

Applicant

Unlawful Occupiers of Portion 1, 3, 4 and 5 of the Farm Vlaklaagte 221 JR

Applicant

Thembisile Hani Local Municipality

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Eviction Order

Legal Issues

  1. 1 Whether the applicants have established reasonable prospects of success on appeal as required by section 17(1) of the Superior Courts Act.
  2. 2 Whether the First Applicant had authority to act on behalf of all respondents.
  3. 3 Whether the grounds of appeal are sufficiently clear and comply with Rule 49(1)(b).

Ratio Decidendi

The court found that the application for leave to appeal was procedurally defective, as the First Applicant failed to establish authority to act for all respondents and the grounds of appeal were not clearly stated as required by Rule 49(1)(b). The applicants did not demonstrate reasonable prospects of success on appeal, either on the facts or the law. The Municipality was found to be the owner of the properties, and the applicants were unlawful occupiers who failed to raise a valid defence. The contradiction in the applicants' reliance on both the Restitution of Land Rights Act and PIE undermined their bona fides. The period of occupation was less than six months when litigation...

Court Disposition

Application for leave to appeal dismissed with costs on Scale C.

Orders

  • The application for leave to appeal is dismissed with costs on Scale C.