Prinsloo NO and Others v Hlongwane (LCC39/2009B) [2023] ZALCC 24 (21 July 2023)

Prinsloo NO and Others v Hlongwane (LCC39/2009B) [2023] ZALCC 24 (21 July 2023)

The respondent admitted the existence and service of the court order dated 4 May 2010 and did not dispute her non-compliance. Her claim that the order was not explained in IsiZulu is contradicted by the record, which confirms that the order was interpreted and acknowledged. The respondent was legally represented and there is no evidence of a language barrier. The court finds her denial unsubstantiated and her conduct wilful and mala fide. The requirements for contempt are satisfied, and the respondent is held in contempt. The applicants are entitled to the interdict and demolition order sought. However, given the respondent's personal circumstances and the established practice of the...

Citation
[2023] ZALCC 24
Parties
Applicant: Joachim Johannes Prinsloo N.O.; Applicant: Magdalena Maria Prinsloo N.O.; Applicant: Salomon Gerhardus Christoffel Prinsloo N.O.; Applicant: Jan Daniel Hendrik Michau N.O.; Applicant: Prisma Boedery (Pty) Ltd; Respondent: Minah Ngcongwane
Court
Land Claims Court
Jurisdiction
South Africa
Judgment Date
21 July 2023
Case Number
LCC39/2009B
Procedural Posture
Urgent Application / Final Judgment After Opposed Application
Outcome
Application granted. Respondent found in contempt of court and ordered to demolish unlawfully erected structures, with suspended imprisonment pending compliance. No order as to costs.
Judges
Ncube
Legal Topics
Contempt of Court, Interdict, Mandamus, Unlawful Occupation, Demolition Order
Land and Property Civil Procedure Contempt of Court Interdict Mandamus Unlawful Occupation Demolition Order

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Parties

Joachim Johannes Prinsloo N.O.

Applicant

Magdalena Maria Prinsloo N.O.

Applicant

Salomon Gerhardus Christoffel Prinsloo N.O.

Applicant

Jan Daniel Hendrik Michau N.O.

Applicant

Prisma Boedery (Pty) Ltd

Applicant

Minah Ngcongwane

Respondent

Procedural Posture

Urgent Application / Final Judgment After Opposed Application

Legal Issues

  1. 1 Whether the respondent constructed a new structure on the farm without the applicants' permission.
  2. 2 Whether the respondent was aware of and wilfully disobeyed the court order of 4 May 2010.

Ratio Decidendi

The respondent admitted the existence and service of the court order dated 4 May 2010 and did not dispute her non-compliance. Her claim that the order was not explained in IsiZulu is contradicted by the record, which confirms that the order was interpreted and acknowledged. The respondent was legally represented and there is no evidence of a language barrier. The court finds her denial unsubstantiated and her conduct wilful and mala fide. The requirements for contempt are satisfied, and the respondent is held in contempt. The applicants are entitled to the interdict and demolition order sought. However, given the respondent's personal circumstances and the established practice of the...

Court Disposition

Application granted. Respondent found in contempt of court and ordered to demolish unlawfully erected structures, with suspended imprisonment pending compliance. No order as to costs.

Orders

  • The rule nisi granted on 8 April 2023 is confirmed.
  • The respondent, her family members, and all persons acting under their authority are interdicted and restrained from holding out as owner or person in charge of the farm Reenenshoop No. 1823 and must comply with the court order of 4 May 2010, especially paragraph 8.