Mthethwa and Others v Bester and Others (LCC112/2011) [2018] ZALCC 39 (20 April 2018)

Mthethwa and Others v Bester and Others (LCC112/2011) [2018] ZALCC 39 (20 April 2018)

The applicants failed to establish a clear right to unrestricted grazing or to keep livestock beyond the agreed limits. The evidence, including expert and official reports, confirmed that the grazing area was overstocked and environmentally degraded due to overgrazing by the applicants' livestock. The first respondent was entitled to restrict grazing to prevent further contravention of CARA and environmental harm. The applicants did not challenge the expert recommendations for removal of all livestock, and the court accepted these recommendations as necessary for rehabilitation. The main application for restoration of grazing rights was dismissed, and the counter application for removal...

Citation
[2018] ZALCC 39
Parties
Applicant: Philani Obed Mthethwa; Applicant: Paulos Elliot Sithole; Applicant: Bhekizizwe Adolphas Nene; Applicant: Hlangabaza Alfred Ximba; Applicant: Jabulani Mlahlwa Ximba; Applicant: Lucky Richard Du Bazana; Applicant: Tiki Johannes Sithole; Respondent: Ben Bester; Respondent: Minister of Rural Development and Land Reform; Respondent: Minister of Agriculture and Forestry
Court
Land Claims Court
Jurisdiction
South Africa
Judgment Date
20 April 2018
Case Number
LCC112/2011
Procedural Posture
Urgent Application / Judgment on Main and Counter Applications
Outcome
Main application dismissed; counter application granted.
Judges
MP Canca
Legal Topics
Extension of Security of Tenure Act, Conservation of Agricultural Resources Act, Grazing Rights, Environmental Degradation, Interdict, Removal of Livestock
Land and Property Environmental Law Extension of Security of Tenure Act Conservation of Agricultural Resources Act Grazing Rights Environmental Degradation Interdict Removal of Livestock

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Parties

Philani Obed Mthethwa

Applicant

Paulos Elliot Sithole

Applicant

Bhekizizwe Adolphas Nene

Applicant

Hlangabaza Alfred Ximba

Applicant

Jabulani Mlahlwa Ximba

Applicant

Lucky Richard Du Bazana

Applicant

Tiki Johannes Sithole

Applicant

Ben Bester

Respondent

Minister of Rural Development and Land Reform

Respondent

Minister of Agriculture and Forestry

Respondent

Procedural Posture

Urgent Application / Judgment on Main and Counter Applications

Legal Issues

  1. 1 Whether the applicants have a clear right to the disputed grazing area and to keep the number and type of livestock claimed.
  2. 2 Whether the applicants breached the Conservation of Agricultural Resources Act by overgrazing the land.
  3. 3 Whether the first respondent was entitled to restrict the applicants' grazing rights and relocate their livestock.

Ratio Decidendi

The applicants failed to establish a clear right to unrestricted grazing or to keep livestock beyond the agreed limits. The evidence, including expert and official reports, confirmed that the grazing area was overstocked and environmentally degraded due to overgrazing by the applicants' livestock. The first respondent was entitled to restrict grazing to prevent further contravention of CARA and environmental harm. The applicants did not challenge the expert recommendations for removal of all livestock, and the court accepted these recommendations as necessary for rehabilitation. The main application for restoration of grazing rights was dismissed, and the counter application for removal...

Court Disposition

Main application dismissed; counter application granted.

Orders

  • The main application is dismissed.
  • The First to Seventh Applicants are ordered to remove all their livestock (including cattle, goats, sheep, and horses) from the farm Evershalt by 29 June 2018.