Mwelase and Others v Director-General for the Department of Rural Development and Land Reform and Others (107/2013) [2016] ZALCC 23; 2017 (4) SA 422 (LCC) (8 December 2016)

Mwelase and Others v Director-General for the Department of Rural Development and Land Reform and Others (107/2013) [2016] ZALCC 23; 2017 (4) SA 422 (LCC) (8 December 2016)

The Court found that the Department of Rural Development and Land Reform has failed to process or refer labour tenant applications as required by the Land Reform (Labour Tenants) Act and the Constitution, resulting in a backlog of thousands of claims and systemic non-compliance with statutory and constitutional obligations. Repeated court supervision and orders have not remedied the situation, and the Department's inability to provide accurate information, lost applications, and poor record-keeping have exacerbated the problem. The Court held that the appointment of a Special Master is both appropriate and urgent to assist in developing and implementing a comprehensive plan for processing...

Citation
[2016] ZALCC 23
Parties
Applicant: Bhekindlela Mwelase; Applicant: Jabu Agness Mwelase N.O.; Applicant: Nmdeni Sikhakhane; Applicant: Bazibile Gretta Mngoma N.O.; Applicant: Association for Rural Advancement (AFRA); Respondent: Director-General for the Department of Rural Development and Land Reform; Respondent: Minister of Rural Development and Land Reform; Respondent: Hiltonian Society
Court
Land Claims Court
Jurisdiction
South Africa
Judgment Date
8 December 2016
Case Number
107/2013
Procedural Posture
Urgent Application / Judgment on Application for Appointment of Special Master and Structural Relief
Outcome
Application granted. Declaration of constitutional inconsistency and order for appointment of Special Master.
Judges
Ncube AJ
Legal Topics
Labour Tenants Act, Structural Interdict, Special Master Appointment, Constitutional Rights Enforcement, Court Supervision, Failure to Process Land Claims
Land and Property Administrative Law Constitutional Law Labour Tenants Act Structural Interdict Special Master Appointment Constitutional Rights Enforcement Court Supervision +1 more

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Parties

Bhekindlela Mwelase

Applicant

Jabu Agness Mwelase N.O.

Applicant

Nmdeni Sikhakhane

Applicant

Bazibile Gretta Mngoma N.O.

Applicant

Association for Rural Advancement (AFRA)

Applicant

Director-General for the Department of Rural Development and Land Reform

Respondent

Minister of Rural Development and Land Reform

Respondent

Hiltonian Society

Respondent

Procedural Posture

Urgent Application / Judgment on Application for Appointment of Special Master and Structural Relief

Legal Issues

  1. 1 Whether the Department's failure to process labour tenant applications is inconsistent with constitutional and statutory obligations.
  2. 2 Whether the appointment of a Special Master is appropriate and necessary to remedy systemic failures in processing labour tenant claims.
  3. 3 Whether ongoing court supervision alone is sufficient to ensure compliance with the Land Reform (Labour Tenants) Act.

Ratio Decidendi

The Court found that the Department of Rural Development and Land Reform has failed to process or refer labour tenant applications as required by the Land Reform (Labour Tenants) Act and the Constitution, resulting in a backlog of thousands of claims and systemic non-compliance with statutory and constitutional obligations. Repeated court supervision and orders have not remedied the situation, and the Department's inability to provide accurate information, lost applications, and poor record-keeping have exacerbated the problem. The Court held that the appointment of a Special Master is both appropriate and urgent to assist in developing and implementing a comprehensive plan for processing...

Court Disposition

Application granted. Declaration of constitutional inconsistency and order for appointment of Special Master.

Orders

  • The First Respondent's failure to process or refer labour tenant applications is declared inconsistent with the Constitution.
  • A Special Master of Labour Tenants shall be appointed as set forth in the order.