Nkosi and Others v Greyling and Others (LCC45/05) [2009] ZALCC 15 (25 November 2009)

Nkosi and Others v Greyling and Others (LCC45/05) [2009] ZALCC 15 (25 November 2009)

The court found that the application for condonation was defective but, in the interest of justice and due to the Department of Land Affairs' involvement, accepted the State Attorney's participation. On the merits, the court held that the relationship between the applicants and respondents had irretrievably broken down, supported by evidence of aggressive conduct and refusal to cooperate. The cumulative facts constituted special circumstances justifying eviction under section 14 of the Land Reform (Labour Tenant) Act, 1996. The delay in filing the application for leave to appeal and condonation was not adequately explained, particularly regarding the condonation application itself, which...

Citation
[2009] ZALCC 15
Parties
Applicant: Khulu Nkosi; Applicant: Shapi Nkosi; Applicant: Khawulani Nkosi; Applicant: Alfred Vilakazi; Applicant: Linda Zwane; Applicant: The Director of the Department of Land Affairs; Respondent: Cornelius Lourens Greyling; Respondent: Willem Hendrik Greyling; Respondent: Jacobus Minaar Verploegh
Court
Land Claims Court
Jurisdiction
South Africa
Judgment Date
25 November 2009
Case Number
LCC45/05
Procedural Posture
Leave to Appeal / Application for Leave to Appeal and Condonation Following Judgment of 3 December 2008
Outcome
Application for condonation for late filing of leave to appeal dismissed; application for leave to appeal dismissed; applicants ordered to vacate land by 31 December 2009, with eviction order executable on 15 January 2010 if not vacated voluntarily; no order as to costs.
Judges
JM Pienaar
Legal Topics
Labour Tenancy, Eviction Orders, Condonation for Late Filing, Special Circumstances, Authority of State Attorney
Land and Property Civil Procedure Labour Tenancy Eviction Orders Condonation for Late Filing Special Circumstances Authority of State Attorney

Case Brief

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Parties

Khulu Nkosi

Applicant

Shapi Nkosi

Applicant

Khawulani Nkosi

Applicant

Alfred Vilakazi

Applicant

Linda Zwane

Applicant

The Director of the Department of Land Affairs

Applicant

Cornelius Lourens Greyling

Respondent

Willem Hendrik Greyling

Respondent

Jacobus Minaar Verploegh

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal and Condonation Following Judgment of 3 December 2008

Legal Issues

  1. 1 Whether the application for condonation for late filing of leave to appeal is properly before the court.
  2. 2 Whether the State Attorney has authority to act for the applicants and whether the supporting affidavit is valid.
  3. 3 Whether the applicants have reasonable prospects of success on appeal regarding the eviction order and findings of fact and law.

Ratio Decidendi

The court found that the application for condonation was defective but, in the interest of justice and due to the Department of Land Affairs' involvement, accepted the State Attorney's participation. On the merits, the court held that the relationship between the applicants and respondents had irretrievably broken down, supported by evidence of aggressive conduct and refusal to cooperate. The cumulative facts constituted special circumstances justifying eviction under section 14 of the Land Reform (Labour Tenant) Act, 1996. The delay in filing the application for leave to appeal and condonation was not adequately explained, particularly regarding the condonation application itself, which...

Court Disposition

Application for condonation for late filing of leave to appeal dismissed; application for leave to appeal dismissed; applicants ordered to vacate land by 31 December 2009, with eviction order executable on 15 January 2010 if not vacated voluntarily; no order as to costs.

Orders

  • The application for condonation for the late filing of the application for leave to appeal is dismissed.
  • The application for leave to appeal is dismissed.