Nhlengethwa and Others v Ndwadwe and Others (LCC15/2022B) [2024] ZALCC 36 (21 October 2024)

Nhlengethwa and Others v Ndwadwe and Others (LCC15/2022B) [2024] ZALCC 36 (21 October 2024)

The court found that the applicants failed to provide a reasonable and acceptable explanation for their delay in bringing the rescission application. The explanation of financial hardship was insufficient, and the applicants did not distinguish between their personal financial position and that of the Trust. The applicants also failed to establish locus standi, as the property in question is registered in the name of Younis Desai, not the Trust. The affidavits did not contain sufficient facts to support the relief sought, and the applicants did not make out a bona fide defence with prospects of success. The interests of justice and the finality of judgments weighed against granting...

Citation
[2024] ZALCC 36
Parties
Applicant: Sipho Harold Wanda Nhlengethwa N.O; Applicant: Nomusa Nokukhanya Kina Nhlengethwa N.O; Applicant: Pennington Mandhla Mhlanzi N.O; Respondent: Emelinah Caselinah Ndwandwe; Respondent: Phumlani Ndwandwe; Respondent: Zanele Ndwandwe; Respondent: Minister of Agriculture, Rural Development and Land Reform; Respondent: Minister for Human Settlements; Respondent: Abaqulusi Local Municipality; Respondent: Registrar of Deeds
Court
Land Claims Court
Jurisdiction
South Africa
Judgment Date
21 October 2024
Case Number
LCC15/2022B
Procedural Posture
Rescission Application / Judgment on Opposed Application for Rescission and Condonation
Outcome
Application dismissed with no order as to costs.
Judges
Flatela
Legal Topics
Rescission of Judgment, Labour Tenant Status, Condonation for Late Filing, Locus Standi, Fraudulent Misrepresentation
Land and Property Civil Procedure Rescission of Judgment Labour Tenant Status Condonation for Late Filing Locus Standi Fraudulent Misrepresentation

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Parties

Sipho Harold Wanda Nhlengethwa N.O

Applicant

Nomusa Nokukhanya Kina Nhlengethwa N.O

Applicant

Pennington Mandhla Mhlanzi N.O

Applicant

Emelinah Caselinah Ndwandwe

Respondent

Phumlani Ndwandwe

Respondent

Zanele Ndwandwe

Respondent

Minister of Agriculture, Rural Development and Land Reform

Respondent

Minister for Human Settlements

Respondent

Abaqulusi Local Municipality

Respondent

Registrar of Deeds

Respondent

Procedural Posture

Rescission Application / Judgment on Opposed Application for Rescission and Condonation

Legal Issues

  1. 1 Whether the applicants' delay in filing the rescission application should be condoned.
  2. 2 Whether the applicants have shown good cause for rescission under Rules 58(6) and (7) of the Land Claims Court Rules.
  3. 3 Whether the applicants have locus standi as owners of the property.

Ratio Decidendi

The court found that the applicants failed to provide a reasonable and acceptable explanation for their delay in bringing the rescission application. The explanation of financial hardship was insufficient, and the applicants did not distinguish between their personal financial position and that of the Trust. The applicants also failed to establish locus standi, as the property in question is registered in the name of Younis Desai, not the Trust. The affidavits did not contain sufficient facts to support the relief sought, and the applicants did not make out a bona fide defence with prospects of success. The interests of justice and the finality of judgments weighed against granting...

Court Disposition

Application dismissed with no order as to costs.

Orders

  • The application is dismissed with no order as to costs.