Mjoli v Greys Pass Farm (Pty) Ltd (LCC45R/2018) [2019] ZALCC 25 (15 October 2019)

Mjoli v Greys Pass Farm (Pty) Ltd (LCC45R/2018) [2019] ZALCC 25 (15 October 2019)

The Land Claims Court found that the Magistrate's order was a relocation, not an eviction, and thus not reviewable under Section 19(3) of ESTA. The applicant demonstrated reasonable prospects of success on this ground, as the Supreme Court of Appeal has held that ESTA only applies to evictions from land, not relocations between dwellings on the same property. The argument that the order was vague was rejected, as the location for alternative accommodation was made clear to all parties during the inspection in loco. The application for leave to appeal was granted on the first ground only, as the other grounds lacked merit.

Citation
[2019] ZALCC 25
Parties
Applicant: Angelina Nomvula Mjoli; Respondent: Greys Pass Farm (Pty) Ltd
Court
Land Claims Court
Jurisdiction
South Africa
Judgment Date
15 October 2019
Case Number
LCC45R/2018
Procedural Posture
Leave to Appeal / Application for Leave to Appeal to the Supreme Court of Appeal Following Confirmation of a Magistrate's Relocation Order by the Land Claims Court.
Outcome
Leave to appeal to the Supreme Court of Appeal is granted on the ground that a relocation order is not an eviction and therefore not reviewable under Section 19(3) of ESTA.
Judges
Ncube
Legal Topics
Extension of Security of Tenure Act, Jurisdiction of Land Claims Court, Relocation Vs Eviction, Leave to Appeal, Vagueness of Orders
Land and Property Civil Procedure Extension of Security of Tenure Act Jurisdiction of Land Claims Court Relocation Vs Eviction Leave to Appeal Vagueness of Orders

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Parties

Angelina Nomvula Mjoli

Applicant

Greys Pass Farm (Pty) Ltd

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal to the Supreme Court of Appeal Following Confirmation of a Magistrate's Relocation Order by the Land Claims Court.

Legal Issues

  1. 1 Whether the Land Claims Court had jurisdiction under Section 19(3) of ESTA to confirm a Magistrate's relocation order that was not an eviction order.
  2. 2 Whether the Magistrate's order was too vague and incapable of implementation.

Ratio Decidendi

The Land Claims Court found that the Magistrate's order was a relocation, not an eviction, and thus not reviewable under Section 19(3) of ESTA. The applicant demonstrated reasonable prospects of success on this ground, as the Supreme Court of Appeal has held that ESTA only applies to evictions from land, not relocations between dwellings on the same property. The argument that the order was vague was rejected, as the location for alternative accommodation was made clear to all parties during the inspection in loco. The application for leave to appeal was granted on the first ground only, as the other grounds lacked merit.

Court Disposition

Leave to appeal to the Supreme Court of Appeal is granted on the ground that a relocation order is not an eviction and therefore not reviewable under Section 19(3) of ESTA.

Orders

  • Leave to appeal to the SCA is granted to the extent that a relocation order is not an eviction and therefore not reviewable in terms of Section 19(3) of ESTA.
  • Costs to be costs on the appeal.