Msiza and Others v Uys and Others (LCC39/01) [2004] ZALCC 21; 2005 (2) SA 456 (LCC); [2005] 1 All SA 177 (LCC) (16 November 2004)

Msiza and Others v Uys and Others (LCC39/01) [2004] ZALCC 21; 2005 (2) SA 456 (LCC); [2005] 1 All SA 177 (LCC) (16 November 2004)

The court found that the deceased's claim for land was valid despite the initial misnaming of the farm, as the evidence showed the intention was always to claim Rondebosch, and the defendants were aware of the land in question. The court held that it had the power to condone and rectify such administrative errors. The deceased was found to be a labour tenant, as his rights to reside, crop, and graze on Rondebosch far exceeded his cash remuneration, and these rights were exercised in consideration of labour provided. The extent of the land awarded included the homestead, four parcels of cropping land, and grazing land equal to the remainder of Rondebosch, less the ploughing fields of...

Citation
[2004] ZALCC 21
Parties
Plaintiff: Msindo Phillemon Msiza & Others; Defendant: Johannes Uys; Defendant: Dirk Cornelis Uys; Defendant: Jan Blackie Jooste; Defendant: Director General of Land Affairs; Defendant: Minister of Land and Agricultural Affairs
Court
Land Claims Court
Jurisdiction
South Africa
Judgment Date
16 November 2004
Case Number
LCC39/01
Procedural Posture
Land and Property Application / Trial Judgment
Outcome
The plaintiffs' claim for an award of land and associated servitudes is granted. The deceased is found to be a labour tenant. No order as to costs.
Judges
Moloto
Legal Topics
Labour Tenancy, Land Reform Labour Tenants Act, Award of Land, Successor Nomination, Secure Tenure, Constitutional Property Rights
Land and Property Civil Procedure Constitutional Law Labour Tenancy Land Reform Labour Tenants Act Award of Land Successor Nomination Secure Tenure +1 more

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Parties

Msindo Phillemon Msiza & Others

Plaintiff

Johannes Uys

Defendant

Dirk Cornelis Uys

Defendant

Jan Blackie Jooste

Defendant

Director General of Land Affairs

Defendant

Minister of Land and Agricultural Affairs

Defendant

Procedural Posture

Land and Property Application / Trial Judgment

Legal Issues

  1. 1 Whether a proper claim in terms of the Act was lodged by the deceased in respect of Rondebosch.
  2. 2 Whether the deceased was a labour tenant under the Act.
  3. 3 The extent of the land the deceased was entitled to claim.

Ratio Decidendi

The court found that the deceased's claim for land was valid despite the initial misnaming of the farm, as the evidence showed the intention was always to claim Rondebosch, and the defendants were aware of the land in question. The court held that it had the power to condone and rectify such administrative errors. The deceased was found to be a labour tenant, as his rights to reside, crop, and graze on Rondebosch far exceeded his cash remuneration, and these rights were exercised in consideration of labour provided. The extent of the land awarded included the homestead, four parcels of cropping land, and grazing land equal to the remainder of Rondebosch, less the ploughing fields of...

Court Disposition

The plaintiffs' claim for an award of land and associated servitudes is granted. The deceased is found to be a labour tenant. No order as to costs.

Orders

  • The deceased is declared a labour tenant.
  • The claim for an award of land and necessary servitudes on Remainder of Portion 4 (a portion of portion 2) of the farm Rondebosch 403 JS, district of Middelburg, Mpumalanga Province, is granted.