Nkonki v Ngqonga and Others (1062/2019) [2020] ZAECMHC 26 (25 June 2020)

Nkonki v Ngqonga and Others (1062/2019) [2020] ZAECMHC 26 (25 June 2020)

The applicant established locus standi as inkosana and descendant of Nkonki, with sufficient interest in the land at Qolora E. The respondents admitted to allocating and demarcating sites and constructing structures without authority. The court found urgency due to ongoing invasions and potential for conflict. The...

Source-derived case information.

Citation
[2020] ZAECMHC 26
Parties
Applicant: Nosapho Xoliswa Nkonki; Respondent: Vuyo Ngqonga; Respondent: Aron Hanise; Respondent: Phila Hanise; Respondent: Roafana Daca; Respondent: Nozintombi Hanise; Respondent: Mandlenkosi Dyantyi; Respondent: Mnquma Local Municipality
Court
Eastern Cape High Court, Mthatha
Jurisdiction
South Africa
Judgment Date
25 June 2020
Case Number
1062/2019
Procedural Posture
Urgent Application / Final Interdict Application
Outcome
Application granted. Final interdict issued against the first to sixth respondents. Costs awarded to the applicant.
Judges
B Majiki
Legal Topics
Unlawful Occupation, Final Interdict, Locus Standi, Joinder, Prevention of Illegal Eviction Act
Land and Property Civil Procedure Unlawful Occupation Final Interdict Locus Standi Joinder Prevention of Illegal Eviction Act

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Parties

Nosapho Xoliswa Nkonki

Applicant

Vuyo Ngqonga

Respondent

Aron Hanise

Respondent

Phila Hanise

Respondent

Roafana Daca

Respondent

Nozintombi Hanise

Respondent

Mandlenkosi Dyantyi

Respondent

Mnquma Local Municipality

Respondent

Procedural Posture

Urgent Application / Final Interdict Application

Legal Issues

  1. 1 Whether the applicant has locus standi to seek an interdict regarding the land at Qolora E.
  2. 2 Whether the respondents' actions in allocating and demarcating sites and constructing structures on Qolora E are unlawful.
  3. 3 Whether the application is urgent and whether the requirements for a final interdict are met.

Ratio Decidendi

The applicant established locus standi as inkosana and descendant of Nkonki, with sufficient interest in the land at Qolora E. The respondents admitted to allocating and demarcating sites and constructing structures without authority. The court found urgency due to ongoing invasions and potential for conflict. The requirements for a final interdict were satisfied: the applicant has a clear right, injury is reasonably apprehended, and there is no adequate alternative remedy. Non-joinder of government departments was unwarranted as they had no direct interest in the unlawful acts being interdicted. Compliance with PIE was unnecessary since the relief sought was not eviction but an...

Court Disposition

Application granted. Final interdict issued against the first to sixth respondents. Costs awarded to the applicant.

Orders

  • The setting up and construction of wall structures and homesteads in Qolora E by the respondents or anyone acting on their behalf is declared unlawful.
  • The first to sixth respondents or anyone acting on their behalf are interdicted from allocating and demarcating sites in Qolora E.