Silinda N.O and Others v Master of the High Court, Pretoria and Others (20553/2021) [2021] ZAGPPHC 829 (2 December 2021)

Silinda N.O and Others v Master of the High Court, Pretoria and Others (20553/2021) [2021] ZAGPPHC 829 (2 December 2021)

The court found that Couzyn Hertzog & Horak Inc had provided sufficient evidence of authority to act for Mr Mashigo and his colleagues, who lawfully represent a portion of the sixth respondent, the Lawful Occupiers of the Farm Matsafeni. Although the full mandate for all 8,000 beneficiaries was not established, those represented by Mr Mashigo are entitled to participate as interested parties. Similarly, Nkosi Attorneys Associates was found to be authorised to act for Mr Musa Alfred Nkosi and the 88 individuals identified, who constitute interested parties within the meaning of the rule nisi. The findings are limited to representation in the current proceedings and do not determine locus...

Citation
[2021] ZAGPPHC 829
Parties
Applicant: Meshack Thembinkosi Silinda N.O; Applicant: Fraser Timothy Nyoni N.O; Applicant: Donald Vusisile Mdluli N.O; Applicant: Tom Mdluli N.O; Applicant: Terry Mdluli N.O; Applicant: Roy Mdluli N.O; Respondent: Master of the High Court, Pretoria; Respondent: Registrar of the Deeds, Mpumalanga; Respondent: Mbombela Local Municipality; Respondent: Kruger-Moeletsi Inc; Respondent: Mdluli Family; Respondent: Lawful Occupiers of the Farm Matsafeni; Respondent: Nkosi Family; Respondent: HL Hall & Sons (Pty) Limited; Respondent: HL Hall & Sons Properties (Pty) Limited; Respondent: Commissioner for the Restitution of Land Rights; Respondent: Minister of Rural Development and Land Reform; Respondent: Mataffin Community Development Trust
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
2 December 2021
Case Number
20553/2021
Procedural Posture
Interlocutory Application / Return Day of Rule Nisi; Determination of Authority to Act
Outcome
Rule nisi extended; authority to act for specified parties confirmed; directions for filing opposing papers; costs in the cause.
Judges
N Davis
Legal Topics
Rule 7 Authority to Act, Trusteeship Dispute, Land Restitution, Settlement Agreement Enforcement
Civil Procedure Land and Property Rule 7 Authority to Act Trusteeship Dispute Land Restitution Settlement Agreement Enforcement

Case Brief

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Parties

Meshack Thembinkosi Silinda N.O

Applicant

Fraser Timothy Nyoni N.O

Applicant

Donald Vusisile Mdluli N.O

Applicant

Tom Mdluli N.O

Applicant

Terry Mdluli N.O

Applicant

Roy Mdluli N.O

Applicant

Master of the High Court, Pretoria

Respondent

Registrar of the Deeds, Mpumalanga

Respondent

Mbombela Local Municipality

Respondent

Kruger-Moeletsi Inc

Respondent

Mdluli Family

Respondent

Lawful Occupiers of the Farm Matsafeni

Respondent

Nkosi Family

Respondent

HL Hall & Sons (Pty) Limited

Respondent

HL Hall & Sons Properties (Pty) Limited

Respondent

Commissioner for the Restitution of Land Rights

Respondent

Minister of Rural Development and Land Reform

Respondent

Mataffin Community Development Trust

Respondent

Procedural Posture

Interlocutory Application / Return Day of Rule Nisi; Determination of Authority to Act

Legal Issues

  1. 1 Whether Couzyn Hertzog & Horak Inc is authorised to act for the Lawful Occupiers of the Farm Matsafeni (sixth respondent).
  2. 2 Whether Nkosi Attorneys Associates is authorised to act for Mr Musa Alfred Nkosi and 88 individuals of the Nkosi Family (seventh respondent).
  3. 3 Whether the parties represented by these attorneys are entitled to oppose the confirmation of the rule nisi and participate in the proceedings.

Ratio Decidendi

The court found that Couzyn Hertzog & Horak Inc had provided sufficient evidence of authority to act for Mr Mashigo and his colleagues, who lawfully represent a portion of the sixth respondent, the Lawful Occupiers of the Farm Matsafeni. Although the full mandate for all 8,000 beneficiaries was not established, those represented by Mr Mashigo are entitled to participate as interested parties. Similarly, Nkosi Attorneys Associates was found to be authorised to act for Mr Musa Alfred Nkosi and the 88 individuals identified, who constitute interested parties within the meaning of the rule nisi. The findings are limited to representation in the current proceedings and do not determine locus...

Court Disposition

Rule nisi extended; authority to act for specified parties confirmed; directions for filing opposing papers; costs in the cause.

Orders

  • The rule nisi is extended to the opposed motion court roll of 21 February 2022.
  • It is declared that Couzyn Hertzog & Horak Attorneys Inc is authorised to act on behalf of Mr Mashigo and his colleagues as named in his affidavit dated 29 September 2021 and those persons who they in turn may lawfully represent.