Mills v Shawe and Others (28458/2009) [2009] ZAGPPHC 142 (11 November 2009)

Mills v Shawe and Others (28458/2009) [2009] ZAGPPHC 142 (11 November 2009)

The court found, on the probabilities, that the first respondent did not reside on the farm since 1984 and was not a labour tenant as defined by the Land Reform (Labour Tenants) Act. The applicant's version was accepted, supported by confirmatory evidence. The court rejected the first respondent's points in limine regarding citation and jurisdiction, finding that the High Court has jurisdiction to adjudicate the application. The court held that the first respondent and further respondents are unlawful occupiers under the PIE Act and that proper notice was given. Accordingly, the applicant was entitled to an eviction order.

Citation
[2009] ZAGPPHC 142
Parties
Applicant: Kathleen Mills; Respondent: Brem Shawe; Respondent: The Emakhazeni Local Municipality; Respondent: The unlawful occupants on Portion 3 of the Farm Moeilykheid
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
11 November 2009
Case Number
28458/2009
Procedural Posture
Eviction Application / First Instance Judgment
Outcome
Application granted; eviction order issued against first and further respondents.
Judges
A B Bam
Legal Topics
Prevention of Illegal Eviction Act, Labour Tenant Definition, Jurisdiction of High Court, Unlawful Occupation, Eviction Order
Land and Property Civil Procedure Prevention of Illegal Eviction Act Labour Tenant Definition Jurisdiction of High Court Unlawful Occupation Eviction Order

Case Brief

Summary, issues, holding and outcome

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Parties

Kathleen Mills

Applicant

Brem Shawe

Respondent

The Emakhazeni Local Municipality

Respondent

The unlawful occupants on Portion 3 of the Farm Moeilykheid

Respondent

Procedural Posture

Eviction Application / First Instance Judgment

Legal Issues

  1. 1 Whether the first respondent is a labour tenant as defined by the Land Reform (Labour Tenants) Act 3 of 1996.
  2. 2 Whether the first respondent and further respondents are unlawful occupiers under the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act, 19 of 1998 (PIE).
  3. 3 Whether the High Court has jurisdiction to grant the eviction order.

Ratio Decidendi

The court found, on the probabilities, that the first respondent did not reside on the farm since 1984 and was not a labour tenant as defined by the Land Reform (Labour Tenants) Act. The applicant's version was accepted, supported by confirmatory evidence. The court rejected the first respondent's points in limine regarding citation and jurisdiction, finding that the High Court has jurisdiction to adjudicate the application. The court held that the first respondent and further respondents are unlawful occupiers under the PIE Act and that proper notice was given. Accordingly, the applicant was entitled to an eviction order.

Court Disposition

Application granted; eviction order issued against first and further respondents.

Orders

  • The first and further respondents, and all those occupying through them, are ordered to vacate Portion 3 of the Farm Moeilykheid 129 JT, Belfast, Mpumalanga within 14 days from the date of this order.
  • If the respondents have not vacated the property after 14 days, the sheriff is authorized and required to carry out the eviction by removing the respondents and their property and any other unlawful occupants occupying through them.