Normandien Farms (Pty) Ltd v Mathimbane and Others (LCC196/2013) [2016] ZALCC 30 (16 February 2016)

Normandien Farms (Pty) Ltd v Mathimbane and Others (LCC196/2013) [2016] ZALCC 30 (16 February 2016)

The court found that the issues raised in both applications for leave to appeal had already been addressed with reasoned findings in the original judgment. Upon careful consideration of the submissions by counsel for both sides, the court concluded that there were no reasonable prospects that another court would reach a different conclusion on the matters raised. The alleged conflict between the orders was dismissed, as the orders pertained to separate matters, despite both accepting the labour tenancy status of the First to Twelfth Respondents. The interpretation of the relevant statutes and the findings on costs and locus standi were upheld. Consequently, both applications for leave to...

Citation
[2016] ZALCC 30
Parties
Applicant: Normandien Farms (Pty) Ltd; Respondent: Mandla Nkosi Joseph Mathimbane; Respondent: Bonginkosi David Mathimbane; Respondent: Phumelelo Florence Mathimbane; Respondent: Mlamuli Obed Mathimbane; Respondent: Sipho Mathimbane; Respondent: Mariam Jele; Respondent: Bernard Jele; Respondent: Martha Jele; Respondent: Albert Jele; Respondent: Apostol Jele; Respondent: Sweet Better Jele; Respondent: Johannes Jele; Respondent: Minister of the National Department of Agriculture, Forestry and Fisheries; Respondent: Minister of Rural Development and Land Reform; Respondent: Regional Land Claims Commissioner, KwaZulu-Natal
Court
Land Claims Court
Jurisdiction
South Africa
Judgment Date
16 February 2016
Case Number
LCC196/2013
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment and Order
Outcome
Both applications for leave to appeal are dismissed. No order as to costs.
Judges
Meer Y S
Legal Topics
Labour Tenancy Status, Leave to Appeal, Interpretation of Statutes, Costs Award
Land and Property Civil Procedure Labour Tenancy Status Leave to Appeal Interpretation of Statutes Costs Award

Case Brief

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Parties

Normandien Farms (Pty) Ltd

Applicant

Mandla Nkosi Joseph Mathimbane

Respondent

Bonginkosi David Mathimbane

Respondent

Phumelelo Florence Mathimbane

Respondent

Mlamuli Obed Mathimbane

Respondent

Sipho Mathimbane

Respondent

Mariam Jele

Respondent

Bernard Jele

Respondent

Martha Jele

Respondent

Albert Jele

Respondent

Apostol Jele

Respondent

Sweet Better Jele

Respondent

Johannes Jele

Respondent

Minister of the National Department of Agriculture, Forestry and Fisheries

Respondent

Minister of Rural Development and Land Reform

Respondent

Regional Land Claims Commissioner, KwaZulu-Natal

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Judgment and Order

Legal Issues

  1. 1 Whether there are reasonable prospects of success on appeal against the judgment and order of 5 November 2015.
  2. 2 Whether the orders of this court conflict with previous orders regarding labour tenancy status.
  3. 3 Whether the interpretation of the Land Reform Labour Tenants Act and related statutes was correct.

Ratio Decidendi

The court found that the issues raised in both applications for leave to appeal had already been addressed with reasoned findings in the original judgment. Upon careful consideration of the submissions by counsel for both sides, the court concluded that there were no reasonable prospects that another court would reach a different conclusion on the matters raised. The alleged conflict between the orders was dismissed, as the orders pertained to separate matters, despite both accepting the labour tenancy status of the First to Twelfth Respondents. The interpretation of the relevant statutes and the findings on costs and locus standi were upheld. Consequently, both applications for leave to...

Court Disposition

Both applications for leave to appeal are dismissed. No order as to costs.

Orders

  • The applications for leave to appeal are dismissed.
  • There is no order as to costs.