Rustenburg Platinum Mines Ltd v Certain Persons who have marked claims and/or are erecting or have erected structures on or are currently present on the remaining extent or portion 50 (A portion of portion 32) of the farm Paardekraal 279 registration Division,JQ,Norther West Province (UM17/2018) [2018] ZANWHC 64 (22 November 2018)

Rustenburg Platinum Mines Ltd v Certain Persons who have marked claims and/or are erecting or have erected structures on or are currently present on the remaining extent or portion 50 (A portion of portion 32) of the farm Paardekraal 279 registration Division,JQ,Norther West Province (UM17/2018) [2018] ZANWHC 64 (22 November 2018)

The court found that the interim order was not final in effect, as the respondents were given an opportunity to present their case and the order remained susceptible to alteration. The execution of the order by the sheriff did not render it final, as the court retained the power to restore the status quo ante if necessary. The respondents failed to show cause why the interdict should not be made final, and their counsel did not substantively argue the merits. Regarding PIE, the court held that the structures on the property were incomplete and unoccupied, with no evidence of personal effects or regular habitation. The respondents had other residential addresses and were in the process of...

Citation
[2018] ZANWHC 64
Parties
Applicant: Rustenburg Platinum Mines Ltd; Respondent: Certain Persons who have marked claims and/or are erecting or have erected structures on or are currently present on the remaining extent or portion 50 (A portion of portion 32) of the farm Paardekraal 279 registration Division, JQ, North West Province
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
22 November 2018
Case Number
UM17/2018
Procedural Posture
Urgent Application / Return Date of Rule Nisi; Confirmation of Interim Interdict
Outcome
The rule nisi is confirmed and there is no order as to costs.
Judges
Matlapeng
Legal Topics
Interim Interdict, Final Interdict, Prevention of Illegal Eviction Act, Unlawful Occupation, Rule Nisi
Land and Property Civil Procedure Interim Interdict Final Interdict Prevention of Illegal Eviction Act Unlawful Occupation Rule Nisi

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Parties

Rustenburg Platinum Mines Ltd

Applicant

Certain Persons who have marked claims and/or are erecting or have erected structures on or are currently present on the remaining extent or portion 50 (A portion of portion 32) of the farm Paardekraal 279 registration Division, JQ, North West Province

Respondent

Procedural Posture

Urgent Application / Return Date of Rule Nisi; Confirmation of Interim Interdict

Legal Issues

  1. 1 Whether the interim order issued by the court is final in character.
  2. 2 Whether the provisions of the Prevention of Illegal Eviction from Unlawful Occupation of Land Act (PIE) are applicable to the respondents.

Ratio Decidendi

The court found that the interim order was not final in effect, as the respondents were given an opportunity to present their case and the order remained susceptible to alteration. The execution of the order by the sheriff did not render it final, as the court retained the power to restore the status quo ante if necessary. The respondents failed to show cause why the interdict should not be made final, and their counsel did not substantively argue the merits. Regarding PIE, the court held that the structures on the property were incomplete and unoccupied, with no evidence of personal effects or regular habitation. The respondents had other residential addresses and were in the process of...

Court Disposition

The rule nisi is confirmed and there is no order as to costs.

Orders

  • The rule nisi is confirmed.
  • There is no order for costs.