Mkhize and Another v SA Green Farming CC and Another (LCC166/2018) [2025] ZALCC 16 (8 April 2025)

Mkhize and Another v SA Green Farming CC and Another (LCC166/2018) [2025] ZALCC 16 (8 April 2025)

The court found that none of the grounds advanced by the First Defendant established reasonable prospects of success on appeal. The evidence did not support the contention that Mr Mkhize was paid predominantly in cash, nor did it show he was obliged to perform his services personally. The statutory definition of 'farmworker' requires payment predominantly in cash, which was not present in Mr Mkhize's contract. The court also held that there is no statutory time limit for instituting an action to be declared a labour tenant. Accordingly, the application for leave to appeal was dismissed as there were no compelling reasons or reasonable prospects of success.

Citation
[2025] ZALCC 16
Parties
Plaintiff: Mzongafi Mkhize; Plaintiff: Cabangani Gladys Mkhize; Defendant: SA Green Farming CC; Defendant: Director General of the Department of Rural Development and Land Reform
Court
Land Claims Court
Jurisdiction
South Africa
Judgment Date
8 April 2025
Case Number
LCC166/2018
Procedural Posture
Leave to Appeal / Application for Leave to Appeal After Trial Judgment
Outcome
Application for leave to appeal dismissed.
Judges
Ncube
Legal Topics
Labour Tenancy, Leave to Appeal, Definition of Farmworker, Reasonable Prospects of Success
Land and Property Civil Procedure Labour Tenancy Leave to Appeal Definition of Farmworker Reasonable Prospects of Success

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

Mzongafi Mkhize

Plaintiff

Cabangani Gladys Mkhize

Plaintiff

SA Green Farming CC

Defendant

Director General of the Department of Rural Development and Land Reform

Defendant

Procedural Posture

Leave to Appeal / Application for Leave to Appeal After Trial Judgment

Legal Issues

  1. 1 Whether there are reasonable prospects of success on appeal against the trial judgment declaring Mr Mkhize a labour tenant.
  2. 2 Whether the trial court erred in its interpretation of the definition of 'labour tenant' and 'farmworker' under the Land Reform (Labour Tenants) Act.
  3. 3 Whether the delay in instituting the action by Mr Mkhize was unreasonable and should bar relief.

Ratio Decidendi

The court found that none of the grounds advanced by the First Defendant established reasonable prospects of success on appeal. The evidence did not support the contention that Mr Mkhize was paid predominantly in cash, nor did it show he was obliged to perform his services personally. The statutory definition of 'farmworker' requires payment predominantly in cash, which was not present in Mr Mkhize's contract. The court also held that there is no statutory time limit for instituting an action to be declared a labour tenant. Accordingly, the application for leave to appeal was dismissed as there were no compelling reasons or reasonable prospects of success.

Court Disposition

Application for leave to appeal dismissed.

Orders

  • The application for leave to appeal is dismissed.
  • There is no order as to costs.