Tlang Ka Phulo Farming Project and Others v Minister of Agriculture, Land Reform and Rural Development and Others (UM 82/23) [2023] ZANWHC 75 (7 June 2023)

Tlang Ka Phulo Farming Project and Others v Minister of Agriculture, Land Reform and Rural Development and Others (UM 82/23) [2023] ZANWHC 75 (7 June 2023)

The court found that the applicants failed to establish urgency as required by Rule 6(12), with a two-week unexplained delay after the alleged unlawful eviction and removal of livestock. The absence of a clear timeline and explicit facts rendered the urgency self-created. Procedural deficiencies, including non-joinder of parties with direct and substantial interests (lessees and pound master), non-compliance with Rule 41A regarding mediation, and lack of proper confirmatory affidavits, further undermined the application. The court emphasized that urgent court procedures do not excuse disregard for rules and directives. The counter application by respondents was also found to be...

Citation
[2023] ZANWHC 75
Parties
Applicant: Tlang Ka Phulo Farming Project; Applicant: Keogolang Kegakilwe; Applicant: Neo Legalamitlwa; Applicant: Kabelo Mangwekea; Applicant: Keaobaka Mmusi; Applicant: Kelebogile Marope; Applicant: Oplee Marite; Applicant: Ogopoleng Kamore; Applicant: Diteko Stinkane; Applicant: Mmereki Lecholo; Applicant: Ambrose Seitsang; Applicant: Freddy Maruping; Applicant: Rebaone Mokgara; Applicant: Etlhaetse Makobo; Applicant: Oatile Molale; Applicant: Leoto Horong; Applicant: Kabelo Mangwekae; Applicant: Isaac Okha; Applicant: Segolagola Mereyotlhe; Applicant: Degma Matsepe; Applicant: Thusootsile Mokhutsane; Applicant: Meshack Mongwaketsi; Applicant: Mmereki Ramosidi; Applicant: Daniel Mokoto; Applicant: Olebile Khwele; Applicant: Modise Matsime; Applicant: Matshego Seitsang; Applicant: Roadblock Khwele; Respondent: Minister of Agriculture, Land Reform and Rural Development; Respondent: North West Department of Agriculture and Rural Development; Respondent: MEC for the Department of Agriculture and Rural Development: Desbo Mohono; Respondent: Adv Scholtz; Respondent: Provincial Commander of Police, North West Province; Respondent: Station Commander: Ganyesa Police Station; Respondent: Revilo Police Station; Respondent: Vorstershoop Police Station; Respondent: Sheriff for the Vryburg District
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
7 June 2023
Case Number
UM 82/23
Procedural Posture
Urgent Application / Main and Counter Applications Before Urgent Court
Outcome
Main and counter applications struck from the roll; each party to pay its own costs.
Judges
Reddy
Legal Topics
Urgent Interdict, Eviction Proceedings, Self Created Urgency, Non Joinder, Rule 41a Mediation, Locus Standi
Land and Property Civil Procedure Constitutional Law Urgent Interdict Eviction Proceedings Self Created Urgency Non Joinder Rule 41a Mediation +1 more

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Parties

Tlang Ka Phulo Farming Project

Applicant

Keogolang Kegakilwe

Applicant

Neo Legalamitlwa

Applicant

Kabelo Mangwekea

Applicant

Keaobaka Mmusi

Applicant

Kelebogile Marope

Applicant

Oplee Marite

Applicant

Ogopoleng Kamore

Applicant

Diteko Stinkane

Applicant

Mmereki Lecholo

Applicant

Ambrose Seitsang

Applicant

Freddy Maruping

Applicant

Rebaone Mokgara

Applicant

Etlhaetse Makobo

Applicant

Oatile Molale

Applicant

Leoto Horong

Applicant

Kabelo Mangwekae

Applicant

Isaac Okha

Applicant

Segolagola Mereyotlhe

Applicant

Degma Matsepe

Applicant

Thusootsile Mokhutsane

Applicant

Meshack Mongwaketsi

Applicant

Mmereki Ramosidi

Applicant

Daniel Mokoto

Applicant

Olebile Khwele

Applicant

Modise Matsime

Applicant

Matshego Seitsang

Applicant

Roadblock Khwele

Applicant

Minister of Agriculture, Land Reform and Rural Development

Respondent

North West Department of Agriculture and Rural Development

Respondent

MEC for the Department of Agriculture and Rural Development: Desbo Mohono

Respondent

Adv Scholtz

Respondent

Provincial Commander of Police, North West Province

Respondent

Station Commander: Ganyesa Police Station

Respondent

Revilo Police Station

Respondent

Vorstershoop Police Station

Respondent

Sheriff for the Vryburg District

Respondent

Procedural Posture

Urgent Application / Main and Counter Applications Before Urgent Court

Legal Issues

  1. 1 Whether the application qualifies for urgent relief under Rule 6(12).
  2. 2 Whether the applicants established sufficient urgency and absence of substantial redress at a hearing in due course.
  3. 3 Whether procedural defects, including non-joinder and non-compliance with Rule 41A, are fatal to the application.

Ratio Decidendi

The court found that the applicants failed to establish urgency as required by Rule 6(12), with a two-week unexplained delay after the alleged unlawful eviction and removal of livestock. The absence of a clear timeline and explicit facts rendered the urgency self-created. Procedural deficiencies, including non-joinder of parties with direct and substantial interests (lessees and pound master), non-compliance with Rule 41A regarding mediation, and lack of proper confirmatory affidavits, further undermined the application. The court emphasized that urgent court procedures do not excuse disregard for rules and directives. The counter application by respondents was also found to be...

Court Disposition

Main and counter applications struck from the roll; each party to pay its own costs.

Orders

  • The main application is struck from the roll.
  • The counter application is struck from the roll.