Mlotshwa and Another v Gadshill and Another (LCC 2016/282) [2023] ZALCC 31 (25 August 2023)

Mlotshwa and Another v Gadshill and Another (LCC 2016/282) [2023] ZALCC 31 (25 August 2023)

The court found that all parties had complied with the obligations set out in the Draft Consent Order attached to the Deed of Settlement dated 17 July 2021. Photographic evidence confirmed that the graves had been fenced off as required. The parties explained that they had implemented the agreement and did not require further assistance from the court. The court held that, in these circumstances, it was appropriate to make the settlement agreement an order of court and formally close the file. No application for condonation was necessary, as the delay was adequately explained and no prejudice resulted.

Citation
[2023] ZALCC 31
Parties
Applicant: Mlotshwa, Hlaleleleni Ezzlinah; Applicant: Mlotshwa, Elina Bongiwe; Respondent: Gadshill Trust; Respondent: The Director-General for the Department of Rural Development and Land Reform
Court
Land Claims Court
Jurisdiction
South Africa
Judgment Date
25 August 2023
Case Number
LCC 2016/282
Procedural Posture
Civil Application / Pretrial Conference and Final Order
Outcome
The court declared that all obligations under the Draft Consent Order had been complied with and made the Draft Consent Order an order of court.
Judges
Spilg
Legal Topics
Labour Tenancy Claims, Settlement Agreement, Court Order Enforcement, Land Reform Labour Tenants Act
Land and Property Labour Tenancy Claims Settlement Agreement Court Order Enforcement Land Reform Labour Tenants Act

Case Brief

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Parties

Mlotshwa, Hlaleleleni Ezzlinah

Applicant

Mlotshwa, Elina Bongiwe

Applicant

Gadshill Trust

Respondent

The Director-General for the Department of Rural Development and Land Reform

Respondent

Procedural Posture

Civil Application / Pretrial Conference and Final Order

Legal Issues

  1. 1 Whether the parties have complied with all obligations under the Draft Consent Order attached to the Deed of Settlement dated 17 July 2021.
  2. 2 Whether the settlement agreement should be made an order of court to facilitate closure of the file.
  3. 3 Whether any further application for condonation is required given the parties' conduct.

Ratio Decidendi

The court found that all parties had complied with the obligations set out in the Draft Consent Order attached to the Deed of Settlement dated 17 July 2021. Photographic evidence confirmed that the graves had been fenced off as required. The parties explained that they had implemented the agreement and did not require further assistance from the court. The court held that, in these circumstances, it was appropriate to make the settlement agreement an order of court and formally close the file. No application for condonation was necessary, as the delay was adequately explained and no prejudice resulted.

Court Disposition

The court declared that all obligations under the Draft Consent Order had been complied with and made the Draft Consent Order an order of court.

Orders

  • It is declared that all obligations of the respective parties in terms of the Draft Consent Order attached to the Deed of Settlement dated 17 July 2021 have been complied with.
  • The Draft Consent Order is made an Order of Court.