Mphatsoi v van Staden (LCC85/2019) [2020] ZALCC 33; 2021 (5) SA 267 (LCC) (20 March 2020)

Mphatsoi v van Staden (LCC85/2019) [2020] ZALCC 33; 2021 (5) SA 267 (LCC) (20 March 2020)

Section 17(4) of ESTA does not confer on magistrates' courts the power to invoke the civil process for contempt of court. The civil contempt process is not a rule of procedure but an inherent power of higher courts to regulate their own process and develop the common law. Magistrates' courts are limited to statutory powers and may not grant remedies available under the civil contempt process. Parties aggrieved by non-compliance with court orders in ESTA matters before magistrates' courts may pursue criminal contempt remedies under section 106 of the Magistrates Court Act or approach the Land Claims Court or High Court for civil contempt relief. The appeal against the magistrate's costs...

Citation
[2020] ZALCC 33
Parties
Appellant: Polo Mphatsoi; Respondent: Petrus Jacobus Johannes van Staden
Court
Land Claims Court
Jurisdiction
South Africa
Judgment Date
20 March 2020
Case Number
LCC85/2019
Procedural Posture
Civil Appeal / Appeal From Magistrates' Court Decision on Contempt Application
Outcome
Appeal dismissed on the merits; appeal against costs order upheld.
Judges
Cowen, Yacoob
Legal Topics
Extension of Security of Tenure Act, Civil Contempt of Court, Magistrates Court Jurisdiction, Remedial Powers, Constitutional Interpretation
Land and Property Civil Procedure Constitutional Law Extension of Security of Tenure Act Civil Contempt of Court Magistrates Court Jurisdiction Remedial Powers Constitutional Interpretation

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Parties

Polo Mphatsoi

Appellant

Petrus Jacobus Johannes van Staden

Respondent

Procedural Posture

Civil Appeal / Appeal From Magistrates' Court Decision on Contempt Application

Legal Issues

  1. 1 Does section 17(4) of the Extension of Security of Tenure Act confer on magistrates' courts the power to invoke the civil process for contempt of court?
  2. 2 Are magistrates' courts empowered to grant remedies available under the civil contempt process in ESTA matters?
  3. 3 Is the appellant entitled to costs in the appeal and in the magistrates' court?

Ratio Decidendi

Section 17(4) of ESTA does not confer on magistrates' courts the power to invoke the civil process for contempt of court. The civil contempt process is not a rule of procedure but an inherent power of higher courts to regulate their own process and develop the common law. Magistrates' courts are limited to statutory powers and may not grant remedies available under the civil contempt process. Parties aggrieved by non-compliance with court orders in ESTA matters before magistrates' courts may pursue criminal contempt remedies under section 106 of the Magistrates Court Act or approach the Land Claims Court or High Court for civil contempt relief. The appeal against the magistrate's costs...

Court Disposition

Appeal dismissed on the merits; appeal against costs order upheld.

Orders

  • The appeal against the costs order of the magistrate is upheld and replaced with an order that each party pay their own costs.
  • Save in respect of costs, the appeal is dismissed.