Mier Local Municipality v Kootjies and Others (2267/2015) [2016] ZANCHC 81 (16 September 2016)

Mier Local Municipality v Kootjies and Others (2267/2015) [2016] ZANCHC 81 (16 September 2016)

The court found that the applicant, Mier Local Municipality, proved ownership of Portion 0 of Erf [...] Mier through documentary evidence from the Deeds Office. The respondents failed to comply with the requirements for consultation and did not obtain permission from the Municipality to occupy or conduct prospecting or mining activities on the property. The respondents' prospecting permit did not entitle them to occupy municipal land without proper consultation and compliance with municipal requirements. The supplementary answering affidavit filed by the respondents was excluded as it was filed without leave of the court and would prejudice the applicant. The court held that the...

Citation
[2016] ZANCHC 81
Parties
Applicant: Mier Local Municipality; Respondent: Johannes Kootjies; Respondent: James Malgas; Respondent: Department of Mineral Resources
Court
Northern Cape High Court, Kimberley
Jurisdiction
South Africa
Judgment Date
16 September 2016
Case Number
2267/2015
Procedural Posture
Urgent Application / Judgment
Outcome
Application granted. The respondents are ordered to vacate the property and pay costs.
Judges
Mamosebo
Legal Topics
Rei Vindicatio, Eviction, Municipal Land Ownership, Prospecting Rights, Consultation Requirements
Land and Property Civil Procedure Rei Vindicatio Eviction Municipal Land Ownership Prospecting Rights Consultation Requirements

Case Brief

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Parties

Mier Local Municipality

Applicant

Johannes Kootjies

Respondent

James Malgas

Respondent

Department of Mineral Resources

Respondent

Procedural Posture

Urgent Application / Judgment

Legal Issues

  1. 1 Whether the applicant, Mier Local Municipality, proved ownership of Portion 0 of Erf [...] Mier and its existence.
  2. 2 Whether the respondents had authority or permission to occupy and conduct prospecting or mining activities on the applicant's property.
  3. 3 Whether the supplementary answering affidavit filed by the respondents should be admitted.

Ratio Decidendi

The court found that the applicant, Mier Local Municipality, proved ownership of Portion 0 of Erf [...] Mier through documentary evidence from the Deeds Office. The respondents failed to comply with the requirements for consultation and did not obtain permission from the Municipality to occupy or conduct prospecting or mining activities on the property. The respondents' prospecting permit did not entitle them to occupy municipal land without proper consultation and compliance with municipal requirements. The supplementary answering affidavit filed by the respondents was excluded as it was filed without leave of the court and would prejudice the applicant. The court held that the...

Court Disposition

Application granted. The respondents are ordered to vacate the property and pay costs.

Orders

  • Any of the first and/or second respondents occupying any portion of the land known as Rietfontein, Portion 0 of Erf [...] Mier and anyone occupying through them are ordered to vacate the property with all belongings, equipment and machinery and to demolish and remove such structures within 60 days of this order.
  • Should the respondents or anyone occupying through them fail to comply, the Sheriff, assisted by the South African Police Services if necessary, is authorised and ordered to evict them and demolish and remove such structures.