Sibanyoni and Another v Umcebo Mining (Pty) Ltd and Others (LCC 03/12) [2012] ZALCC 4 (6 March 2012)

Sibanyoni and Another v Umcebo Mining (Pty) Ltd and Others (LCC 03/12) [2012] ZALCC 4 (6 March 2012)

The court found that the applicants faced real and imminent danger due to ongoing mining and blasting activities near their homes. Although the applicants were dissatisfied with the alternative accommodation, the respondents had provided suitable housing and offered to cover relocation costs and provide additional storage. The requirements for urgent eviction under Section 15 of the Extension of Security of Tenure Act were satisfied, as there was no other effective remedy and the hardship to the respondents outweighed that to the applicants. The court declined to grant a final eviction order or recordal of a relocation agreement, as the requirements for a final order had not been tested....

Citation
[2012] ZALCC 4
Parties
Applicant: Ngidi Braai Sibanyoni; Applicant: Brananza John Suahatsi; Respondent: Umcebo Mining (Pty) Limited; Respondent: Umcebo Properties (Pty) Limited; Respondent: The Regional Manager Department of Minerals and Energy Mpumalanga; Respondent: The Regional Director Department of Rural Development and Land Reform, Mpumalanga
Court
Land Claims Court
Jurisdiction
South Africa
Judgment Date
6 March 2012
Case Number
LCC 03/12
Procedural Posture
Urgent Application / Interim Urgent Eviction and Interdict Application
Outcome
Interim urgent eviction order granted; applicants ordered to vacate and relocate to alternative accommodation provided by respondents; no order as to costs.
Judges
Sidlova
Legal Topics
Urgent Eviction, Alternative Accommodation, Interdict, Relocation Agreement, Section 15 Extension of Security of Tenure Act
Land and Property Civil Procedure Urgent Eviction Alternative Accommodation Interdict Relocation Agreement Section 15 Extension of Security of Tenure Act

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Parties

Ngidi Braai Sibanyoni

Applicant

Brananza John Suahatsi

Applicant

Umcebo Mining (Pty) Limited

Respondent

Umcebo Properties (Pty) Limited

Respondent

The Regional Manager Department of Minerals and Energy Mpumalanga

Respondent

The Regional Director Department of Rural Development and Land Reform, Mpumalanga

Respondent

Procedural Posture

Urgent Application / Interim Urgent Eviction and Interdict Application

Legal Issues

  1. 1 Whether the applicants are entitled to an interdict preventing mining and blasting activities near their homes pending resolution of relocation terms.
  2. 2 Whether the requirements for urgent eviction under Section 15 of the Extension of Security of Tenure Act have been met.
  3. 3 Whether the alternative accommodation provided is suitable and whether the applicants' concerns regarding relocation have been adequately addressed.

Ratio Decidendi

The court found that the applicants faced real and imminent danger due to ongoing mining and blasting activities near their homes. Although the applicants were dissatisfied with the alternative accommodation, the respondents had provided suitable housing and offered to cover relocation costs and provide additional storage. The requirements for urgent eviction under Section 15 of the Extension of Security of Tenure Act were satisfied, as there was no other effective remedy and the hardship to the respondents outweighed that to the applicants. The court declined to grant a final eviction order or recordal of a relocation agreement, as the requirements for a final order had not been tested....

Court Disposition

Interim urgent eviction order granted; applicants ordered to vacate and relocate to alternative accommodation provided by respondents; no order as to costs.

Orders

  • The first and second applicants and all persons claiming rights of residence through them are ordered to vacate Portion 2 of the farm Klippan 452 by 19 March 2012 and relocate to the housing made available for them by the first and second respondents on Portion 3 of the farm Grootpan 456 15, district Belfast.
  • The Sheriff for the district of Middelburg is authorised to remove the applicants and their families from the farm Klippan on 21 March 2012 if they have not complied with the order above, and to relocate them to the housing made available for them by the first and second respondents on Portion 3 of the farm Grootpan...