Moagi N.O. and others v Members of the Bapo Community and others (M685/2020) [2021] ZANWHC 25 (19 August 2021)

Moagi N.O. and others v Members of the Bapo Community and others (M685/2020) [2021] ZANWHC 25 (19 August 2021)

The court held that although section 22 of the Restitution of Land Rights Act confers exclusive jurisdiction on the Land Claims Court for land claims disputes, the present matter does not concern a land claim. The land claim has already been resolved, and the property is registered in the name of the Trust. The dispute is not about restitution or competing rights in land but concerns the enforcement of the Trust's property rights against unlawful access and grazing by the respondents. The reliance on Salem Party Club v Salem Community is misplaced, as the facts are distinguishable. The High Court therefore has jurisdiction to entertain the application, and the point in limine is dismissed.

Citation
[2021] ZANWHC 25
Parties
Applicant: Thapelo Joseph Moagi N.O.; Applicant: Wesley Josiah Motsisi Dire N.O.; Applicant: Amelia Bafedile Putu N.O.; Applicant: Matlhale Titus Dedrick Motlhamela N.O.; Applicant: Samuel Boyboy Moleta N.O.; Applicant: Mmamutla Nellie Mokgethi N.O.; Applicant: Diana Lesedi Ntsimane N.O.; Applicant: Thabo Wilfred Maseloane N.O.; Applicant: Relebogile Sylvester Ntsimane N.O.; Applicant: Simon Segone N.O.; Applicant: Ofentse Andrew Nong N.O.; Applicant: Eric Rapula Mokgopa N.O.; Respondent: Members of the Bapo Community; Respondent: Mr “Rambo” Bilwane; Respondent: Donna Mtshego; Respondent: Mr Mabuke; Respondent: Morake Fetsang; Respondent: Botsakgosi Mogorosi; Respondent: Darious Mogale; Respondent: Boitumelo Bogatsu; Respondent: Molifi Boikanyo; Respondent: Mr Rapula; Respondent: Mr Mabyane; Respondent: Lebo Mogale
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
19 August 2021
Case Number
M685/2020
Procedural Posture
Urgent Application / Jurisdictional Point in Limine
Outcome
The point in limine of lack of jurisdiction is dismissed. No order as to costs.
Judges
R D Hendricks
Legal Topics
Jurisdiction of High Court, Interdict, Trust Property Rights
Land and Property Civil Procedure Jurisdiction of High Court Interdict Trust Property Rights

Case Brief

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Parties

Thapelo Joseph Moagi N.O.

Applicant

Wesley Josiah Motsisi Dire N.O.

Applicant

Amelia Bafedile Putu N.O.

Applicant

Matlhale Titus Dedrick Motlhamela N.O.

Applicant

Samuel Boyboy Moleta N.O.

Applicant

Mmamutla Nellie Mokgethi N.O.

Applicant

Diana Lesedi Ntsimane N.O.

Applicant

Thabo Wilfred Maseloane N.O.

Applicant

Relebogile Sylvester Ntsimane N.O.

Applicant

Simon Segone N.O.

Applicant

Ofentse Andrew Nong N.O.

Applicant

Eric Rapula Mokgopa N.O.

Applicant

Members of the Bapo Community

Respondent

Mr “Rambo” Bilwane

Respondent

Donna Mtshego

Respondent

Mr Mabuke

Respondent

Morake Fetsang

Respondent

Botsakgosi Mogorosi

Respondent

Darious Mogale

Respondent

Boitumelo Bogatsu

Respondent

Molifi Boikanyo

Respondent

Mr Rapula

Respondent

Mr Mabyane

Respondent

Lebo Mogale

Respondent

Procedural Posture

Urgent Application / Jurisdictional Point in Limine

Legal Issues

  1. 1 Whether the North West High Court has jurisdiction to hear the application for an interdict regarding trust property.
  2. 2 Whether the matter falls within the exclusive jurisdiction of the Land Claims Court under the Restitution of Land Rights Act.

Ratio Decidendi

The court held that although section 22 of the Restitution of Land Rights Act confers exclusive jurisdiction on the Land Claims Court for land claims disputes, the present matter does not concern a land claim. The land claim has already been resolved, and the property is registered in the name of the Trust. The dispute is not about restitution or competing rights in land but concerns the enforcement of the Trust's property rights against unlawful access and grazing by the respondents. The reliance on Salem Party Club v Salem Community is misplaced, as the facts are distinguishable. The High Court therefore has jurisdiction to entertain the application, and the point in limine is dismissed.

Court Disposition

The point in limine of lack of jurisdiction is dismissed. No order as to costs.

Orders

  • The point in limine of lack of jurisdiction of this Court is dismissed.
  • There is no order as to costs.