Pietersen and Others v Drakenstein Municipality and Others (LCC88/2019B) [2023] ZALCC 45 (18 December 2023)

Pietersen and Others v Drakenstein Municipality and Others (LCC88/2019B) [2023] ZALCC 45 (18 December 2023)

The Land Claims Court is a creature of statute and derives its powers from the Restitution of Land Rights Act. Section 35(11) of the Act expressly prohibits the court from varying or suspending orders made by the Supreme Court of Appeal; such applications must be made to the appellate court itself. The relief sought...

Source-derived case information.

Citation
[2023] ZALCC 45
Parties
Applicant: Regina Pietersen and 21 Others; Respondent: Drakenstein Municipality; Respondent: Government of the Republic of South Africa; Respondent: Head of the Western Cape Government; Respondent: Isedor Skog N.O.; Respondent: Reinette Skog N.O.; Respondent: Henrik Collins Gerryts N.O.; Respondent: Head: Western Cape Provincial Department of Rural Development and Land Reform; Respondent: Sheriff of the High Court (Wellington)
Court
Land Claims Court
Jurisdiction
South Africa
Judgment Date
18 December 2023
Case Number
LCC88/2019B
Procedural Posture
Urgent Application / Application for Urgent Relief Following SCA Eviction Order
Outcome
Application dismissed for lack of jurisdiction; no order as to costs.
Judges
Ncube
Legal Topics
Eviction Proceedings, Contempt of Court, Emergency Housing, Jurisdiction of Land Claims Court, Constitutional Right to Housing, Variation of Court Orders
Land and Property Civil Procedure Constitutional Law Eviction Proceedings Contempt of Court Emergency Housing Jurisdiction of Land Claims Court Constitutional Right to Housing +1 more

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Parties

Regina Pietersen and 21 Others

Applicant

Drakenstein Municipality

Respondent

Government of the Republic of South Africa

Respondent

Head of the Western Cape Government

Respondent

Isedor Skog N.O.

Respondent

Reinette Skog N.O.

Respondent

Henrik Collins Gerryts N.O.

Respondent

Head: Western Cape Provincial Department of Rural Development and Land Reform

Respondent

Sheriff of the High Court (Wellington)

Respondent

Procedural Posture

Urgent Application / Application for Urgent Relief Following SCA Eviction Order

Legal Issues

  1. 1 Does the Land Claims Court have jurisdiction to vary, suspend, or add to an order made by the Supreme Court of Appeal?.
  2. 2 Has the Drakenstein Municipality complied with its obligation to provide emergency housing as ordered by the SCA?.
  3. 3 Are the applicants entitled to relief suspending or varying the SCA order or directing the municipality to provide housing on specific land?.

Ratio Decidendi

The Land Claims Court is a creature of statute and derives its powers from the Restitution of Land Rights Act. Section 35(11) of the Act expressly prohibits the court from varying or suspending orders made by the Supreme Court of Appeal; such applications must be made to the appellate court itself. The relief sought by the applicants, including suspension, variation, or addition to the SCA order, falls outside the jurisdiction of this court. The municipality has not discharged its obligation under the SCA order, as it has only made offers of accommodation but has not made emergency housing available for occupation. However, the applicants' demands for specific land and individual...

Court Disposition

Application dismissed for lack of jurisdiction; no order as to costs.

Orders

  • The application is dismissed.
  • There is no order as to costs.