Sokhela and Another v Mhlungu and Others (LCC 41/2019B) [2022] ZALCC 12 (20 May 2022)

Sokhela and Another v Mhlungu and Others (LCC 41/2019B) [2022] ZALCC 12 (20 May 2022)

The applicants failed to establish either a prima facie or clear right to protection from eviction under section 14 of the Land Reform (Labour Tenants) Act. There was no proof that a labour tenant application had been lodged by the first applicant's late mother, nor any evidence that she was a labour tenant as defined by the Act. Section 14 protection applies only to a labour tenant with a pending application, not to family members or associates. Even if the mother had been a labour tenant, upon her death, the applicants would only be entitled to 12 months' notice under section 9(2), not indefinite protection. The prospects of ultimate success were nil, and the requirements for interim...

Citation
[2022] ZALCC 12
Parties
Applicant: Thulani Sokhela; Applicant: Nozipho Mavis Sokhela; Respondent: Senzele Johnson Mhlungu; Respondent: Elizabeth Maria Mhlungu; Respondent: Isithombe Sokhela; Respondent: Director General of the Department of Rural Development and Land Reform; Respondent: Impendle Local Municipality
Court
Land Claims Court
Jurisdiction
South Africa
Judgment Date
20 May 2022
Case Number
LCC 41/2019B
Procedural Posture
Urgent Application / Application for Suspension of Eviction Order Pending Finalisation of Alleged Labour Tenant Application
Outcome
Application dismissed; no order as to costs.
Judges
Y S Meer
Legal Topics
Labour Tenant Eviction, Interim Interdict, Section 14 Land Reform Labour Tenants Act, Prima Facie Right, Urgent Application, Proof of Labour Tenancy
Land and Property Civil Procedure Labour Tenant Eviction Interim Interdict Section 14 Land Reform Labour Tenants Act Prima Facie Right Urgent Application Proof of Labour Tenancy

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Parties

Thulani Sokhela

Applicant

Nozipho Mavis Sokhela

Applicant

Senzele Johnson Mhlungu

Respondent

Elizabeth Maria Mhlungu

Respondent

Isithombe Sokhela

Respondent

Director General of the Department of Rural Development and Land Reform

Respondent

Impendle Local Municipality

Respondent

Procedural Posture

Urgent Application / Application for Suspension of Eviction Order Pending Finalisation of Alleged Labour Tenant Application

Legal Issues

  1. 1 Whether the applicants are entitled to suspension of the eviction order pending finalisation of an alleged labour tenant application.
  2. 2 Whether the applicants have established a prima facie or clear right to protection from eviction under section 14 of the Land Reform (Labour Tenants) Act.
  3. 3 Whether there is proof of a pending labour tenant application by the applicants or their late mother.

Ratio Decidendi

The applicants failed to establish either a prima facie or clear right to protection from eviction under section 14 of the Land Reform (Labour Tenants) Act. There was no proof that a labour tenant application had been lodged by the first applicant's late mother, nor any evidence that she was a labour tenant as defined by the Act. Section 14 protection applies only to a labour tenant with a pending application, not to family members or associates. Even if the mother had been a labour tenant, upon her death, the applicants would only be entitled to 12 months' notice under section 9(2), not indefinite protection. The prospects of ultimate success were nil, and the requirements for interim...

Court Disposition

Application dismissed; no order as to costs.

Orders

  • The application is dismissed.
  • There is no order as to costs.