Saint and Others v Chief Land Claims Commissioner and Others (LCC 36/2018) [2018] ZALCC 22 (25 October 2018)

Saint and Others v Chief Land Claims Commissioner and Others (LCC 36/2018) [2018] ZALCC 22 (25 October 2018)

The Court held that the joinder application was ill-conceived because the Mathulini Communal Property Association, as a juristic person, was already properly cited as a party. There was no necessity to join individual members or office bearers. The interlocutory applicants abandoned their prayer for joinder at the hearing, rendering the application moot. Their request for alternative relief was rejected as it was not properly pleaded or supported by affidavit. The Court found that the interlocutory applicants should have withdrawn or amended their application upon becoming aware of the Canca judgment, and their failure to do so justified a costs order against them. The relief sought...

Citation
[2018] ZALCC 22
Parties
Applicant: Revell Clive Saint; Applicant: RRR Ventures CC; Applicant: DDD Ventures CC; Applicant: Kembali Farms CC; Applicant: Silver Hills Nurseries (Pty) Ltd; Applicant: Vshambani CC; Applicant: Irene Saint; Applicant: Ligitprops 1034 CC; Applicant: Dovea Estates CC; Applicant: Dovea Trust CC; Applicant: Mayo Farm CC; Applicant: Ashbrook Farms (Pty) Ltd; Applicant: Ashbrook Trust; Applicant: Bechoo Brothers Farming Enterprises CC; Applicant: Richard Houting; Applicant: Hibberdene / Mtwalume Farmers Association; Respondent: Chief Land Claims Commissioner; Respondent: Regional Land Claims Commissioner, Kwa-Zulu Natal; Respondent: Minister of Rural Development and Land Reform; Respondent: Mathulini Communal Property Association; Respondent: Inkosi Bhekizizwe Nivard Luthuli; Respondent: Valuer General; Respondent: Paul Anthony Saad; Respondent: B J Gasa Farm CC
Court
Land Claims Court
Jurisdiction
South Africa
Judgment Date
25 October 2018
Case Number
LCC 36/2018
Procedural Posture
Interlocutory Application / Opposed Interlocutory Application Seeking Joinder and Related Relief Prior to Main Application Determination.
Outcome
Interlocutory application dismissed with costs against the first to third respondents, jointly and severally, including costs of two counsel.
Judges
Barnes
Legal Topics
Joinder of Parties, Communal Property Association, Costs Order, Condonation, Universitas, Settlement Agreement
Land and Property Civil Procedure Joinder of Parties Communal Property Association Costs Order Condonation Universitas Settlement Agreement

Case Brief

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Parties

Revell Clive Saint

Applicant

RRR Ventures CC

Applicant

DDD Ventures CC

Applicant

Kembali Farms CC

Applicant

Silver Hills Nurseries (Pty) Ltd

Applicant

Vshambani CC

Applicant

Irene Saint

Applicant

Ligitprops 1034 CC

Applicant

Dovea Estates CC

Applicant

Dovea Trust CC

Applicant

Mayo Farm CC

Applicant

Ashbrook Farms (Pty) Ltd

Applicant

Ashbrook Trust

Applicant

Bechoo Brothers Farming Enterprises CC

Applicant

Richard Houting

Applicant

Hibberdene / Mtwalume Farmers Association

Applicant

Chief Land Claims Commissioner

Respondent

Regional Land Claims Commissioner, Kwa-Zulu Natal

Respondent

Minister of Rural Development and Land Reform

Respondent

Mathulini Communal Property Association

Respondent

Inkosi Bhekizizwe Nivard Luthuli

Respondent

Valuer General

Respondent

Paul Anthony Saad

Respondent

B J Gasa Farm CC

Respondent

Procedural Posture

Interlocutory Application / Opposed Interlocutory Application Seeking Joinder and Related Relief Prior to Main Application Determination.

Legal Issues

  1. 1 Whether individual members of a Communal Property Association must be joined as respondents in proceedings involving the CPA.
  2. 2 Whether the interlocutory applicants are entitled to condonation for late filing of answering affidavits.
  3. 3 Whether a punitive costs order should be granted against the interlocutory applicants for pursuing a moot and ill-conceived application.

Ratio Decidendi

The Court held that the joinder application was ill-conceived because the Mathulini Communal Property Association, as a juristic person, was already properly cited as a party. There was no necessity to join individual members or office bearers. The interlocutory applicants abandoned their prayer for joinder at the hearing, rendering the application moot. Their request for alternative relief was rejected as it was not properly pleaded or supported by affidavit. The Court found that the interlocutory applicants should have withdrawn or amended their application upon becoming aware of the Canca judgment, and their failure to do so justified a costs order against them. The relief sought...

Court Disposition

Interlocutory application dismissed with costs against the first to third respondents, jointly and severally, including costs of two counsel.

Orders

  • The interlocutory application is dismissed.
  • The first to third respondents are to pay the applicants' costs, jointly and severally, the one paying the other to be absolved, such costs to include the costs of two counsel.