Sibeko and Others v A Re Shomeng Project Proprietary Limited and Others (LCC02/2024) [2024] ZALCC 31 (13 September 2024)

Sibeko and Others v A Re Shomeng Project Proprietary Limited and Others (LCC02/2024) [2024] ZALCC 31 (13 September 2024)

The court found that while the respondents submitted the required report three days late, the delay was minor and adequately explained by the applicants' lack of cooperation. The applicants failed to prove wilful or mala fide non-compliance by the respondents, particularly regarding the third respondent. The respondents demonstrated substantial compliance with the court order, providing suitable permanent housing, water, electricity, and arrangements for livestock. The applicants' contempt application was dismissed, and the respondents' counter-application for relocation was granted. The court condoned the late submission of the report and authorised eviction should the occupiers fail to...

Citation
[2024] ZALCC 31
Parties
Applicant: Letta Sibeko; Applicant: Christina Soko; Applicant: Meisi Emilinah Nkosi; Applicant: Aaron Tatshi Soko; Applicant: Elizabeth Minah Nkosi; Applicant: Sipho Mahlangu; Applicant: Phakamani Johannes Mahlangu; Respondent: A Re Shomeng Holdings Proprietary Limited; Respondent: A Re Shomeng Project Proprietary Limited; Respondent: Joseph Masikwameng
Court
Land Claims Court
Jurisdiction
South Africa
Judgment Date
13 September 2024
Case Number
LCC02/2024
Procedural Posture
Urgent Application / Contempt Application and Counter Application; Final Judgment
Outcome
Contempt application dismissed; counter-application for relocation granted; late report submission condoned; eviction authorised if relocation not effected; no order as to costs.
Judges
Ncube
Legal Topics
Contempt of Court, Eviction, Relocation Order, Mining Rights, Alternative Accommodation
Land and Property Civil Procedure Contempt of Court Eviction Relocation Order Mining Rights Alternative Accommodation

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Parties

Letta Sibeko

Applicant

Christina Soko

Applicant

Meisi Emilinah Nkosi

Applicant

Aaron Tatshi Soko

Applicant

Elizabeth Minah Nkosi

Applicant

Sipho Mahlangu

Applicant

Phakamani Johannes Mahlangu

Applicant

A Re Shomeng Holdings Proprietary Limited

Respondent

A Re Shomeng Project Proprietary Limited

Respondent

Joseph Masikwameng

Respondent

Procedural Posture

Urgent Application / Contempt Application and Counter Application; Final Judgment

Legal Issues

  1. 1 Whether the respondents are in contempt of Cowen J's court order dated 29 February 2024.
  2. 2 Whether the respondents' late submission of the required report should be condoned.
  3. 3 Whether the occupiers must relocate to the newly constructed permanent houses as per the counter-application.

Ratio Decidendi

The court found that while the respondents submitted the required report three days late, the delay was minor and adequately explained by the applicants' lack of cooperation. The applicants failed to prove wilful or mala fide non-compliance by the respondents, particularly regarding the third respondent. The respondents demonstrated substantial compliance with the court order, providing suitable permanent housing, water, electricity, and arrangements for livestock. The applicants' contempt application was dismissed, and the respondents' counter-application for relocation was granted. The court condoned the late submission of the report and authorised eviction should the occupiers fail to...

Court Disposition

Contempt application dismissed; counter-application for relocation granted; late report submission condoned; eviction authorised if relocation not effected; no order as to costs.

Orders

  • The application for contempt of court is dismissed.
  • The respondents' late submission of the report is condoned.