Mthizana-Base and Others v Maxhwele and Others (3351/18) [2019] ZAECMHC 11 (28 February 2019)

Mthizana-Base and Others v Maxhwele and Others (3351/18) [2019] ZAECMHC 11 (28 February 2019)

The court found that the applicants' version was inherently credible and supported by documentary evidence, including the title deed proving municipal ownership of the land. The respondents' denials were formulaic, vague, and failed to engage seriously with the material facts. No real, genuine or bona fide dispute of fact was created. The conduct of the respondents, including intimidation, threats, demands for payment, and physical obstruction, constituted unlawful dispossession and interference with the applicants' possession. The requirements for a final interdict were met: the applicants had a clear right to possession, suffered actual injury, and had no alternative remedy. The seventh...

Citation
[2019] ZAECMHC 11
Parties
Applicant: Nomakhwezi Mthizana-Base; Applicant: Buyiswa Zwedala; Applicant: Mbiko Lindiswa; Applicant: Nobelungu Lumkwana; Applicant: Lihleli Lumkwana; Applicant: Lelethu Lumkwana; Applicant: Mbambeleli Siwapi; Respondent: Nosizwe Maxhwele; Respondent: Onke Nyathi; Respondent: Vuyani Madubela; Respondent: Thembisile Mkhanzi; Respondent: Mteteleli Mkhohli; Respondent: Sisa Manyadu; Respondent: King Sabata Dalindyebo Local Municipality
Court
Eastern Cape High Court, Mthatha
Jurisdiction
South Africa
Judgment Date
28 February 2019
Case Number
3351/18
Procedural Posture
Urgent Application / Final Relief After Rule Nisi; Opposed Motion Proceedings
Outcome
Final interdict granted in favour of the first to sixth applicants; seventh applicant's application dismissed with costs.
Judges
C Plasket
Legal Topics
Spoliation, Final Interdict, Traditional Leadership Disputes, Possession of Land, Motion Proceedings, Disputes of Fact
Land and Property Civil Procedure Spoliation Final Interdict Traditional Leadership Disputes Possession of Land Motion Proceedings Disputes of Fact

Case Brief

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Parties

Nomakhwezi Mthizana-Base

Applicant

Buyiswa Zwedala

Applicant

Mbiko Lindiswa

Applicant

Nobelungu Lumkwana

Applicant

Lihleli Lumkwana

Applicant

Lelethu Lumkwana

Applicant

Mbambeleli Siwapi

Applicant

Nosizwe Maxhwele

Respondent

Onke Nyathi

Respondent

Vuyani Madubela

Respondent

Thembisile Mkhanzi

Respondent

Mteteleli Mkhohli

Respondent

Sisa Manyadu

Respondent

King Sabata Dalindyebo Local Municipality

Respondent

Procedural Posture

Urgent Application / Final Relief After Rule Nisi; Opposed Motion Proceedings

Legal Issues

  1. 1 Whether the respondents unlawfully dispossessed the applicants of their homes or plots in Bhongweni Phase 1, Zimbane Administrative Area, Mthatha.
  2. 2 Whether the respondents intimidated, threatened, or evicted the applicants without lawful authority.
  3. 3 Whether the applicants are entitled to a final interdict and restoration of possession.

Ratio Decidendi

The court found that the applicants' version was inherently credible and supported by documentary evidence, including the title deed proving municipal ownership of the land. The respondents' denials were formulaic, vague, and failed to engage seriously with the material facts. No real, genuine or bona fide dispute of fact was created. The conduct of the respondents, including intimidation, threats, demands for payment, and physical obstruction, constituted unlawful dispossession and interference with the applicants' possession. The requirements for a final interdict were met: the applicants had a clear right to possession, suffered actual injury, and had no alternative remedy. The seventh...

Court Disposition

Final interdict granted in favour of the first to sixth applicants; seventh applicant's application dismissed with costs.

Orders

  • The first, second, third, fourth, fifth and sixth respondents are interdicted and restrained from intimidating, threatening and evicting the first, second, third, fourth, fifth and sixth applicants from their homes or plots in Bhongweni Phase 1, Zimbane Administrative Area, Mthatha.
  • The respondents are interdicted and restrained from preventing the applicants' access to their homes or plots in Bhongweni Phase 1, Zimbane Administrative Area, Mthatha.