Pienaar v Matjhabeng Plaaslike Munisipaliteit and Another (3883/2012) [2012] ZAFSHC 213 (22 November 2012)

Pienaar v Matjhabeng Plaaslike Munisipaliteit and Another (3883/2012) [2012] ZAFSHC 213 (22 November 2012)

The court found that the applicant was in possession of the farm under a valid lease agreement and that the respondents' spraying of poison on a portion of the farm substantially infringed the applicant's possession rights. The respondents failed to meaningfully deny the applicant's allegations or specify the type of poison used, and their denials were found to be implausible. The applicant was deprived of the right to use the land as he wished, constituting spoliation. Furthermore, the respondents' subsequent ploughing of the land after the court order warranted the granting of a rule nisi for contempt of court.

Citation
[2012] ZAFSHC 213
Parties
Applicant: Gerhardus Johannes Pienaar; Respondent: Matjhabeng Plaaslike Munisipaliteit; Respondent: Michael Ramohodi
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
22 November 2012
Case Number
3883/2012
Procedural Posture
Urgent Application / Extended Return Date of Rule Nisi; Contempt Application
Outcome
Rule nisi confirmed; further rule nisi granted for contempt of court; costs awarded against respondents.
Judges
Kruger
Legal Topics
Mandament Van Spolie, Possession, Contempt of Court, Lease Agreement, Remedy for Spoliation
Civil Procedure Land and Property Mandament Van Spolie Possession Contempt of Court Lease Agreement Remedy for Spoliation

Case Brief

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Parties

Gerhardus Johannes Pienaar

Applicant

Matjhabeng Plaaslike Munisipaliteit

Respondent

Michael Ramohodi

Respondent

Procedural Posture

Urgent Application / Extended Return Date of Rule Nisi; Contempt Application

Legal Issues

  1. 1 Whether the applicant was in free and undisturbed possession of the farm at the time of the alleged spoliation.
  2. 2 Whether the spraying of poison by the respondents constituted spoliation or merely a disturbance of possession.
  3. 3 Whether the respondents' actions after the court order amounted to contempt of court.

Ratio Decidendi

The court found that the applicant was in possession of the farm under a valid lease agreement and that the respondents' spraying of poison on a portion of the farm substantially infringed the applicant's possession rights. The respondents failed to meaningfully deny the applicant's allegations or specify the type of poison used, and their denials were found to be implausible. The applicant was deprived of the right to use the land as he wished, constituting spoliation. Furthermore, the respondents' subsequent ploughing of the land after the court order warranted the granting of a rule nisi for contempt of court.

Court Disposition

Rule nisi confirmed; further rule nisi granted for contempt of court; costs awarded against respondents.

Orders

  • The rule nisi granted on 17 September 2012 is confirmed.
  • A rule nisi, returnable on 13 December 2012, is granted calling on the respondents to show cause why they should not be convicted of contempt of court for their actions on 24 October 2012 in breach of the court's order of 17 September 2012.