Monyeki and Another v Regional Land Claims Commissioner: Limpopo Province and Another (LCC 18/04) [2009] ZALCC 18 (9 September 2009)

Monyeki and Another v Regional Land Claims Commissioner: Limpopo Province and Another (LCC 18/04) [2009] ZALCC 18 (9 September 2009)

The Court held that the application to amend the statement of claim/response to include additional land and claimants could not succeed. The claimants were attempting to broaden the scope of the referral made by the Regional Land Claims Commissioner, which is not permissible under the Restitution of Land Rights Act. Only the Commissioner may refer additional land or claimants to the Court, and no further or amended referral had been made. The proposed amendment was vague, failed to specify the interests of the additional claimants, and was not served on all affected parties. Allowing the amendment would cause severe prejudice to the respondents, as the trial had already been completed on...

Citation
[2009] ZALCC 18
Parties
Applicant: Serolo Joel Monyeki; Applicant: Evelyn Manoko Monyeki (Makgai); Respondent: Regional Land Claims Commissioner: Limpopo Province; Respondent: Portion 608 New Belgium CC t/a Indabushee Game Lodge
Court
Land Claims Court
Jurisdiction
South Africa
Judgment Date
9 September 2009
Case Number
LCC 18/04
Procedural Posture
Land and Property Application / Application for Amendment of Statement of Claim/response
Outcome
Application to amend statement of claim/response dismissed.
Judges
Gildenhuys, J M Pienaar, E Stroh
Legal Topics
Restitution of Land Rights Act, Amendment of Pleadings, Joinder of Parties, Prejudice to Parties
Land and Property Civil Procedure Restitution of Land Rights Act Amendment of Pleadings Joinder of Parties Prejudice to Parties

Case Brief

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Parties

Serolo Joel Monyeki

Applicant

Evelyn Manoko Monyeki (Makgai)

Applicant

Regional Land Claims Commissioner: Limpopo Province

Respondent

Portion 608 New Belgium CC t/a Indabushee Game Lodge

Respondent

Procedural Posture

Land and Property Application / Application for Amendment of Statement of Claim/response

Legal Issues

  1. 1 Whether the claimants may amend their statement of claim/response to include additional land and claimants.
  2. 2 Whether the amendment application is procedurally and substantively permissible under the Restitution of Land Rights Act.
  3. 3 Whether the attempted joinder and amendment would cause prejudice to the respondents.

Ratio Decidendi

The Court held that the application to amend the statement of claim/response to include additional land and claimants could not succeed. The claimants were attempting to broaden the scope of the referral made by the Regional Land Claims Commissioner, which is not permissible under the Restitution of Land Rights Act. Only the Commissioner may refer additional land or claimants to the Court, and no further or amended referral had been made. The proposed amendment was vague, failed to specify the interests of the additional claimants, and was not served on all affected parties. Allowing the amendment would cause severe prejudice to the respondents, as the trial had already been completed on...

Court Disposition

Application to amend statement of claim/response dismissed.

Orders

  • The claimants' application of 22 July 2009 to amend their statement of claim/response is dismissed.
  • No cost order is made.