Omar and Another v Minister of Agriculture & Land Affairs and Others (LCC102/07) [2007] ZALCC 20 (28 September 2007)
- Citation
- [2007] ZALCC 20
- Status
- Order
- Jurisdiction
- South Africa
- Court
- Land Claims Court
- Posture
- Urgent Application / Interim Order Pending Review Application
- Case number
- LCC102/07
More details
- Court
- Land Claims Court
- Posture
- Urgent Application / Interim Order Pending Review Application
- Case number
- LCC102/07
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court granted the interim order by agreement between the parties, recognising the need to preserve the applicants' occupational rights and prevent any transfer, alienation, or interference with the property pending the outcome of the review application. The undertakings provided by the eighth, fourth, and fifth respondents were made binding on their successors, assigns, or liquidators. The Registrar of Deeds was interdicted from executing or attesting any deed of transfer or cession except as specifically authorised. The costs of the application were reserved for determination in the review proceedings. The order ensures that the status quo is maintained and that no prejudicial actions are taken regarding the property until the review is finalised.
Court disposition
Interim order granted by agreement, preserving applicants' occupational rights and restraining respondents from dealing with the property pending review.
Orders
- The eighth respondent shall not evict the applicants or any other lawful occupier of Erf 581, Asiatic Bazaar Extension 1, JR, Gauteng.
- The eighth respondent shall not make any structural or other renovations, enter the property, or interfere with occupational rights without prior written permission of the applicants.
- The eighth respondent shall not sell or alienate any right in the property.
- If the court sets aside the award of restoration and related agreements on review, the eighth respondent must immediately take all steps and sign all documents necessary to effect transfer of the property to the third respondent, and pay the costs of transfer if not paid by the first to third respondents or the State.
- Costs of this application shall be costs in the review proceedings.
- If the eighth respondent fails to comply with the transfer order, the deputy sheriff is authorised to take steps and sign documents to effect transfer.
- Paragraph 1 is binding on liquidators or assigns of the eighth respondent.
- The sixth respondent is interdicted from executing or attesting any deed of transfer or registering any deed of cession in respect of the property, except as specified.
- The fourth and fifth respondents give similar undertakings as the eighth respondent, binding on their executors, heirs, and assigns.
02
Material facts
Parties
F Omar
ApplicantS Kallier
ApplicantMinister of Agriculture & Land Affairs
RespondentCommission on Restitution of Land Rights
RespondentThe City of Tshwane
RespondentE S Ahmed
RespondentR Ebrahim
RespondentThe Registrar of Deeds, Pretoria
RespondentMaster of the High Court (TPD)
RespondentErma Street Properties cc
RespondentYounis Davis
Respondent03
Procedural history
Posture
Urgent Application / Interim Order Pending Review Application
04
Questions and positions
Legal issues
- 01
Whether the applicants and other lawful occupiers should be protected from eviction pending the outcome of the review application.
- 02
Whether the eighth respondent should be restrained from dealing with the property pending review.
- 03
Whether the Registrar of Deeds should be interdicted from registering any transfer or cession except as specified.
- 04
Whether undertakings by the fourth, fifth, and eighth respondents should be binding on their successors.
Party arguments
- Applicant
- The applicants sought urgent interim relief to prevent eviction and interference with their occupational rights over Erf 581, Asiatic Bazaar Extension 1, pending the outcome of a review application challenging the award of restoration and related settlement agreements. They argued that any transfer or alienation of the property prior to the review's determination would prejudice their rights and undermine the review process.
- Respondent
- The eighth respondent agreed to provide undertakings not to evict, renovate, enter, interfere, sell, or alienate the property pending the review. The fourth and fifth respondents provided similar undertakings. The sixth respondent accepted the interdict against executing or attesting any deed of transfer except as specified. No opposition to the interim relief was recorded.
05
Court’s reasoning
Legal principles
- 01
Setlogelo v Setlogelo 1914 AD 221
Interim interdicts may be granted to preserve the status quo pending the determination of review proceedings, especially where irreparable harm may result from actions taken before the review is finalised.
- 02
Common law principle of binding undertakings
Undertakings given by parties in litigation may be made binding on their successors, assigns, or liquidators to ensure the efficacy of court orders.
06
Ratio, limits and disposition
Ratio decidendi
The court granted the interim order by agreement between the parties, recognising the need to preserve the applicants' occupational rights and prevent any transfer, alienation, or interference with the property pending the outcome of the review application. The undertakings provided by the eighth, fourth, and fifth respondents were made binding on their successors, assigns, or liquidators. The Registrar of Deeds was interdicted from executing or attesting any deed of transfer or cession except as specifically authorised. The costs of the application were reserved for determination in the review proceedings. The order ensures that the status quo is maintained and that no prejudicial actions are taken regarding the property until the review is finalised.
Obiter and limits
- The agreement between the parties facilitated the granting of the interim order without the need for contested argument.
- The binding nature of undertakings on successors and assigns is essential to prevent circumvention of court orders in property disputes.
Court disposition
Interim order granted by agreement, preserving applicants' occupational rights and restraining respondents from dealing with the property pending review.
- The eighth respondent shall not evict the applicants or any other lawful occupier of Erf 581, Asiatic Bazaar Extension 1, JR, Gauteng.
- The eighth respondent shall not make any structural or other renovations, enter the property, or interfere with occupational rights without prior written permission of the applicants.
- The eighth respondent shall not sell or alienate any right in the property.
- If the court sets aside the award of restoration and related agreements on review, the eighth respondent must immediately take all steps and sign all documents necessary to effect transfer of the property to the third respondent, and pay the costs of transfer if not paid by the first to third respondents or the State.
- Costs of this application shall be costs in the review proceedings.
- If the eighth respondent fails to comply with the transfer order, the deputy sheriff is authorised to take steps and sign documents to effect transfer.
- Paragraph 1 is binding on liquidators or assigns of the eighth respondent.
- The sixth respondent is interdicted from executing or attesting any deed of transfer or registering any deed of cession in respect of the property, except as specified.
- The fourth and fifth respondents give similar undertakings as the eighth respondent, binding on their executors, heirs, and assigns.
Source and reliance status
Land Claims Court
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Judgment reading view
Judgment text
The complete available source text.
Land Claims Court
Order
In the Land Claims Court of South Africa
Held in the High Court, Witwatersrand Local Division
Case No: LCC102/07
In the matter between:
F Omar First Applicant
S Kallier Second Applicant
and
Minister of Agriculture & Land Affairs First Respondent
Commission on Restitution of Land Rights Second Respondent
The City of Tshwane Third Respondent
E S Ahmed Fourth Respondent
R Ebrahim Fifth Respondent
The Registrar of Deeds, Pretoria Sixth Respondent
Master of the High Court (TPD) Seventh Respondent
Erma Street Properties cc Eight Respondent
Younis Davis Ninth Respondent
ORDER
It is hereby ordered, by agreement between the parties:
Pending the outcome of the review application in part B of the Notice of Motion, the eighth respondent gives the following undertakings:
not to evict the applicants or any other person in lawful occupation of Erf 581, Asiatic Bazaar Extension 1, JR, Gauteng;
not to make any structural or other renovations, not to enter the property or interfere with the occupational rights of any occupiers without the prior written permission of the applicants;
not to sell or alienate any right in the property;
to, in the event of the Court setting aside the award of restoration to the fourth and fifth respondents and the related settlement agreements and decisions on review, immediately take all necessary steps and sign all documents necessary to effect transfer of the property to the third respondent, and in the event that the costs of such transfer are not paid by the first to third respondents or the State, to also pay the costs of the transfer.
The costs of this application shall be costs in the review proceedings.
Failing compliance by the eighth respondent with paragraph 1.4 hereof, the deputy sheriff be authorised to take such steps and sign such documents as may be required to effect the transfer.
Paragraph 1 is binding in all respects on the liquidators, if any, or the assigns of the eighth respondent.
The sixth respondent is interdicted and restrained from executing or attesting any deed of transfer in respect of the property or from registering any deed of cession in respect of the property, save for the transfer or the property from the fourth and fifth respondents to the eighth respondent and the transfer referred to in paragraph 1.4 above.
The fourth and fifth respondents give similar undertakings to those given by the eighth respondent as set out in paragraphs 1.1 to 1.3 above, which undertakings shall be binding on their executors, heirs and assigns.
Dated at Johannesburg on this 28th day of September 2007.
___
REGISTRAR
LAND CLAIMS COURT
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