Sithebe and Others v Normandien Farms (Pty) Ltd and Another (LCC38/2018) [2019] ZALCC 7 (28 May 2019)

Sithebe and Others v Normandien Farms (Pty) Ltd and Another (LCC38/2018) [2019] ZALCC 7 (28 May 2019)

The court found that the applicants' status as labour tenants had not been determined and, therefore, they could not claim statutory rights as labour tenants at this stage. Their rights to reside and graze cattle on the farm were personal rights arising from the owner's consent, not from legislation. The applicants failed to provide credible evidence of entitlement to graze cattle outside the allocated camp and withheld material information regarding the number of cattle and prior agreements. The application was not urgent, as the dispossession occurred years prior and no adequate explanation for delay was provided. The relief sought was found to be unenforceable and the application was...

Citation
[2019] ZALCC 7
Parties
Applicant: Joseph Bhiki Sithebe; Applicant: Shadrack Petros Tshabalala; Applicant: Vukani Khumalo; Applicant: Bheki Khumalo; Respondent: Normandien Farms (Pty) Ltd; Respondent: Director General for the Department of Rural Development and Land Reform
Court
Land Claims Court
Jurisdiction
South Africa
Judgment Date
28 May 2019
Case Number
LCC38/2018
Procedural Posture
Urgent Application / Interim Interdict Pending Determination of Labour Tenant Status
Outcome
Application dismissed with costs.
Judges
T M Ncube
Legal Topics
Labour Tenancy, Interim Interdict, Extension of Security of Tenure Act, Personal Rights of Occupiers
Land and Property Civil Procedure Labour Tenancy Interim Interdict Extension of Security of Tenure Act Personal Rights of Occupiers

Case Brief

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Parties

Joseph Bhiki Sithebe

Applicant

Shadrack Petros Tshabalala

Applicant

Vukani Khumalo

Applicant

Bheki Khumalo

Applicant

Normandien Farms (Pty) Ltd

Respondent

Director General for the Department of Rural Development and Land Reform

Respondent

Procedural Posture

Urgent Application / Interim Interdict Pending Determination of Labour Tenant Status

Legal Issues

  1. 1 Whether the applicants are entitled to interim interdict relief pending determination of their status as labour tenants.
  2. 2 Whether the applicants have enforceable rights to graze cattle beyond the allocated camp.
  3. 3 Whether the application is urgent and whether the relief sought is enforceable.

Ratio Decidendi

The court found that the applicants' status as labour tenants had not been determined and, therefore, they could not claim statutory rights as labour tenants at this stage. Their rights to reside and graze cattle on the farm were personal rights arising from the owner's consent, not from legislation. The applicants failed to provide credible evidence of entitlement to graze cattle outside the allocated camp and withheld material information regarding the number of cattle and prior agreements. The application was not urgent, as the dispossession occurred years prior and no adequate explanation for delay was provided. The relief sought was found to be unenforceable and the application was...

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed.
  • Applicants are jointly ordered to pay the costs.