Minister of Public Works v Nieuwoudt and Others (1511/2006) [2007] ZANCHC 50 (18 August 2007)
The court found that the applicant, as the lawful custodian of the land, had established that the respondents occupied the property without any legal right or consent. The respondents failed to demonstrate any entitlement to remain or any lawful basis for their occupation. The court held that the applicant was...
Source-derived case information.
- Citation
- [2007] ZANCHC 50
- Parties
- Applicant: Minister of Public Works; Respondent: A A Nieuwoudt and Others; Respondent: SA National Parks Board; Respondent: Minister of Mineral and Energy Affairs; Respondent: Minister of Land Affairs and Agriculture; Respondent: Minister of Environmental Affairs and Tourism; Respondent: MEC for Local Government; Respondent: Namaqua District Municipality; Respondent: Kamiesberg Municipality
- Court
- Northern Cape High Court, Kimberley
- Jurisdiction
- South Africa
- Case Number
- 1511/2006
- Procedural Posture
- Urgent Application / Rule Nisi Issued; Final Order Sought
- Outcome
- Application granted; rule nisi confirmed; eviction and demolition orders issued.
- Judges
- C.C Williams
- Legal Topics
- Eviction, Demolition of Structures, State Land Occupation
Source-derived case record
Summary, issues, holding and outcome
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Parties
Minister of Public Works
Applicant
A A Nieuwoudt and Others
Respondent
SA National Parks Board
Respondent
Minister of Mineral and Energy Affairs
Respondent
Minister of Land Affairs and Agriculture
Respondent
Minister of Environmental Affairs and Tourism
Respondent
MEC for Local Government
Respondent
Namaqua District Municipality
Respondent
Kamiesberg Municipality
Respondent
Procedural Posture
Urgent Application / Rule Nisi Issued; Final Order Sought
Legal Issues
- 1 Whether the individual respondents are unlawfully occupying unsurveyed, unregistered, and unalienated state-owned land.
- 2 Whether the applicant is entitled to an order for eviction and demolition of structures erected by the respondents without consent.
Ratio Decidendi
The court found that the applicant, as the lawful custodian of the land, had established that the respondents occupied the property without any legal right or consent. The respondents failed to demonstrate any entitlement to remain or any lawful basis for their occupation. The court held that the applicant was entitled to the relief sought, including eviction and demolition of structures, subject to procedural fairness and the opportunity for respondents to show cause. The rule nisi was confirmed, and the respondents were ordered to vacate the land and remove all structures within the specified period.
Court Disposition
Application granted; rule nisi confirmed; eviction and demolition orders issued.
Orders
- The individual respondents are ordered to vacate the state-owned land described in the application.
- The individual respondents are ordered to demolish and/or remove all structures erected by them on the land within 30 days of this order, at their own cost.
Full Case Text
Judgment text and source record
33 paragraphs
IN THE HIGH COURT OF SOUTH AFRICA
(CAPE OF GOOD HOPE PROVINCIAL DIVISION)
CASE NO.: 1511/2006
DATE HEARD:21-06-2007
DATE DELIVERED:17-08-2007
In the matter between:
THE MINISTER OF PUBLIC WORKS Applicant
And
A A NIEUWOUDT AND OTHERS Individual Respondents (as
per annexure âAâ
(as amended) hereto)
SA NATIONAL PARKS BOARD Second Respondent
MINISTER OF MINERAL AND ENERGY AFFAIRS Third Respondent
MINISTER OF LAND AFFAIRS AND AGRICULTURE Fourth Respondent
MINISTER OF ENVIRONMENTAL AFFAIRS
AND TOURISM Fifth Respondent
MEC FOR LOCAL GOVERNMENT Sixth Respondent
NAMAQUA DISTRICT Seventh Respondent
MUNICIPALITY KAMIESBERG MUNICIPALITY Eight Respondent
CORAM: C.C WILLIAMS J:
J U D G M E N T
WILLIAMS J:
1.The applicant in this matter is the Minister of Public Works who has by law been assigned as the custodian of state-owned land situated on the southern bank of the Groenriviermond and between the high water mark of the Atlantic ocean and the werstern boundaries of the farms klipkuil 547, Eiland Punt Noord 549 and Eiland Punt Zuid 550 in the Namaqualand.
2.It is common cause that A.A. Nieuwoudt and Others, cited as the individual respondents, a group comprising of 91 individual respondents, occupy the said state-owned land which is unsurveyed, unregistered and unalienated, without the tacit or express consent of the State, the owner thereof.
3.On 6 December 2006 the applicant launched an application for inter alia, the eviction of the individual respondents from the State-owned land and the demolition of the structures.
4.On 8 December 2006 when the matter first came before court a rule nisi was issued calling upon the individual respondents to show cause, if any on 23 March 2007 why an order in the following terms should not be made:
â1.1oredering the eviction of the individual respondents referred to in annexure âAâ annexed hereto from the state-owned land being unsurveyed, uregistered and unalienated situated on the southern bank of the groenriviermond and between the high-water mark of the Atlantic Ocean and the western boundaries of the farms Klip Kuil 547, Eiland Punt Noord 549 and Eiland Punt Zuid 550 in the Namaqualand district;
1.2ordering the said individual respondents to demolish and/or remove all structures erected thereon by them on the sain land without the express or tacit consent of the state, within a period of 30(thirty) days of the order in paragraph 1.1 above, at their own cost and expense;
_________________________
C.C WILLIAMS
JUDGE
Counsel for Applicant: Adv N Arendse SC (State Attorney, Cape Town) With Adv. J. Krige
Counsel for the Individual Respondents: Adv. Reinders