Ngcobo and Others v Salimba CC, Ngcobo and Others v Van Rensburg (50/98, 631/97) [1999] ZASCA 22; [1999] 2 All SA 491 (A) (26 March 1999)

Ngcobo and Others v Salimba CC, Ngcobo and Others v Van Rensburg (50/98, 631/97) [1999] ZASCA 22; [1999] 2 All SA 491 (A) (26 March 1999)

The Supreme Court of Appeal held that the definition of 'labour tenant' in the Land Reform (Labour Tenants) Act 3 of 1996 must be read conjunctively, requiring compliance with paragraphs (a), (b), and (c). The Court found no compelling reason to depart from the ordinary grammatical meaning of 'and', and that a disjunctive reading would produce anomalies and extend protection beyond the intended class. The Court rejected the argument that the parent or grandparent must have resided on the same farm as the present occupier, holding that the change from 'the farm' to 'a farm' in paragraph (c) indicates a broader historical relationship. Regarding farmworker status, the Court held that the...

Citation
[1999] ZASCA 22
Parties
Appellant: Zwelake Ngcobo; Appellant: Bukiwe Ngcongo; Appellant: Josephina Zungu; Appellant: Nomzinto Mthembu; Respondent: Salimba CC; Appellant: Fikile Ngcobo; Respondent: B.W.J. Van Rensburg
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
26 March 1999
Case Number
50/98, 631/97
Procedural Posture
Civil Appeal / Final Appellate Judgment
Outcome
Appeal of the second and fourth appellants in Salimba and the appellant in Van Rensburg dismissed with costs; appeal of the first and third appellants in Salimba succeeds with costs.
Judges
Mahomed, Grosskopf, Olivier, Farlam, Madlanga
Legal Topics
Labour Tenancy, Land Reform Labour Tenants Act, Statutory Interpretation, Eviction, Security of Tenure
Land and Property Labour Tenancy Land Reform Labour Tenants Act Statutory Interpretation Eviction Security of Tenure

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 18 Party arguments 2
Sign in to unlock

Parties

Zwelake Ngcobo

Appellant

Bukiwe Ngcongo

Appellant

Josephina Zungu

Appellant

Nomzinto Mthembu

Appellant

Salimba CC

Respondent

Fikile Ngcobo

Appellant

B.W.J. Van Rensburg

Respondent

Procedural Posture

Civil Appeal / Final Appellate Judgment

Legal Issues

  1. 1 Whether the definition of 'labour tenant' in the Land Reform (Labour Tenants) Act 3 of 1996 requires conjunctive or disjunctive compliance with paragraphs (a), (b), and (c).
  2. 2 Whether the owner of the farm on which the parent or grandparent resided must be the same as the owner of the farm on which the present occupier resides.
  3. 3 Whether the first and third appellants were 'farmworkers' and thus excluded from protection as 'labour tenants'.

Ratio Decidendi

The Supreme Court of Appeal held that the definition of 'labour tenant' in the Land Reform (Labour Tenants) Act 3 of 1996 must be read conjunctively, requiring compliance with paragraphs (a), (b), and (c). The Court found no compelling reason to depart from the ordinary grammatical meaning of 'and', and that a disjunctive reading would produce anomalies and extend protection beyond the intended class. The Court rejected the argument that the parent or grandparent must have resided on the same farm as the present occupier, holding that the change from 'the farm' to 'a farm' in paragraph (c) indicates a broader historical relationship. Regarding farmworker status, the Court held that the...

Court Disposition

Appeal of the second and fourth appellants in Salimba and the appellant in Van Rensburg dismissed with costs; appeal of the first and third appellants in Salimba succeeds with costs.

Orders

  • The appeal of the second and fourth appellants in Salimba CC (case no 50/98) is dismissed with costs.
  • The appeal of the first and third appellants in Salimba CC (case no 50/98) succeeds with costs, including costs for two counsel; the judgment of the court a quo is set aside and replaced with 'Plaintiff's claim is dismissed with costs'.