Mkutuka and Another v Minister of Land Affairs and Others (LCC 28/2020) [2024] ZALCC 12 (3 April 2024)

Mkutuka and Another v Minister of Land Affairs and Others (LCC 28/2020) [2024] ZALCC 12 (3 April 2024)

The Court found that the applicant's attorney failed to properly notify the respondents of requests for removal or postponement and did not submit a formal postponement application supported by affidavit and consensus. The second respondent confirmed representation by MT Mlola Attorneys, and the respondents were present and ready to proceed. The applicant's attorney's absence, even if due to ill-health, did not justify removal of the matter from the roll in the absence of proper procedure. The interests of justice required the matter to proceed, and the applicant was afforded a final opportunity to make written submissions before a final order would be made. The Court indicated its...

Citation
[2024] ZALCC 12
Parties
Applicant: Nothemba Mkutuka; Applicant: Nomtsha Mkutuka; Respondent: Minister of Land Affairs; Respondent: Zithembile Mkutkua and Other Respondents
Court
Land Claims Court
Jurisdiction
South Africa
Judgment Date
3 April 2024
Case Number
LCC 28/2020
Procedural Posture
Civil Application / Hearing and Interlocutory Order
Outcome
Interim order: Applicant afforded opportunity to deliver further written submissions by 30 May 2024 on why the application should not be dismissed with costs and the matter remitted for beneficiary verification and compensation dispute resolution.
Judges
SJ Cowen
Legal Topics
Removal From Roll, Representation Dispute, Costs Order, Beneficiary Verification, Compensation Dispute
Land and Property Civil Procedure Removal From Roll Representation Dispute Costs Order Beneficiary Verification Compensation Dispute

Case Brief

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Parties

Nothemba Mkutuka

Applicant

Nomtsha Mkutuka

Applicant

Minister of Land Affairs

Respondent

Zithembile Mkutkua and Other Respondents

Respondent

Procedural Posture

Civil Application / Hearing and Interlocutory Order

Legal Issues

  1. 1 Whether the application should be removed from the roll or postponed due to the applicant's attorney's absence and alleged ill-health.
  2. 2 Whether the second respondent is properly represented and whether confusion regarding representation justifies postponement.
  3. 3 Whether the interests of justice require the matter to proceed in the absence of the applicant's attorney.

Ratio Decidendi

The Court found that the applicant's attorney failed to properly notify the respondents of requests for removal or postponement and did not submit a formal postponement application supported by affidavit and consensus. The second respondent confirmed representation by MT Mlola Attorneys, and the respondents were present and ready to proceed. The applicant's attorney's absence, even if due to ill-health, did not justify removal of the matter from the roll in the absence of proper procedure. The interests of justice required the matter to proceed, and the applicant was afforded a final opportunity to make written submissions before a final order would be made. The Court indicated its...

Court Disposition

Interim order: Applicant afforded opportunity to deliver further written submissions by 30 May 2024 on why the application should not be dismissed with costs and the matter remitted for beneficiary verification and compensation dispute resolution.

Orders

  • The applicant is afforded an opportunity to deliver any further written submissions by no later than 30 May 2024 on why the following order should not be made:
  • The application is dismissed with costs on a party and party scale.