Mwale and Another v Minister of Rural Development and Land Reform and Others (LCC63/2014) [2019] ZALCC 24 (14 October 2019)

Mwale and Another v Minister of Rural Development and Land Reform and Others (LCC63/2014) [2019] ZALCC 24 (14 October 2019)

The court found that the applicant failed to provide a reasonable explanation for not presenting the new evidence regarding his descent during the original proceedings. The supplementary affidavit did not adequately justify the late introduction of this evidence. The court was not persuaded that another court would reach a different conclusion on the issues of locus standi or the merits of the appeal. Accordingly, the application for leave to appeal did not meet the statutory test for reasonable prospects of success and was dismissed.

Citation
[2019] ZALCC 24
Parties
Applicant: Bienta Margaret Mwale (Born Jansen); Applicant: Freddie Opperman; Respondent: Minister of Rural Development and Land Reform; Respondent: Restitution of Land Rights; Respondent: Regional Land Claims Commission Free State and Northern Cape Provinces; Respondent: Oppermansgronde Communal Property Association
Court
Land Claims Court
Jurisdiction
South Africa
Judgment Date
14 October 2019
Case Number
LCC 63/2014
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment and Order
Outcome
Application for leave to appeal dismissed; no order as to costs.
Judges
M.P Canca
Legal Topics
Locus Standi, Leave to Appeal, Condonation for Late Filing, Introduction of New Evidence
Land and Property Civil Procedure Locus Standi Leave to Appeal Condonation for Late Filing Introduction of New Evidence

Case Brief

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Parties

Bienta Margaret Mwale (Born Jansen)

Applicant

Freddie Opperman

Applicant

Minister of Rural Development and Land Reform

Respondent

Restitution of Land Rights

Respondent

Regional Land Claims Commission Free State and Northern Cape Provinces

Respondent

Oppermansgronde Communal Property Association

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Judgment and Order

Legal Issues

  1. 1 Whether the applicant has established locus standi to pursue the appeal.
  2. 2 Whether condonation for the late filing of the application for leave to appeal should be granted.
  3. 3 Whether new evidence adduced in the supplementary affidavit justifies reconsideration of the original judgment.

Ratio Decidendi

The court found that the applicant failed to provide a reasonable explanation for not presenting the new evidence regarding his descent during the original proceedings. The supplementary affidavit did not adequately justify the late introduction of this evidence. The court was not persuaded that another court would reach a different conclusion on the issues of locus standi or the merits of the appeal. Accordingly, the application for leave to appeal did not meet the statutory test for reasonable prospects of success and was dismissed.

Court Disposition

Application for leave to appeal dismissed; no order as to costs.

Orders

  • The application for leave to appeal is dismissed.
  • No order as to costs.