Twelve Apostles Church in Christ and Another v Twelve Apostles' Church in Christ and Others (8049-12; 8050-12; 10263-12) [2017] ZAKZDHC 41 (12 October 2017)

Twelve Apostles Church in Christ and Another v Twelve Apostles' Church in Christ and Others (8049-12; 8050-12; 10263-12) [2017] ZAKZDHC 41 (12 October 2017)

The court found that the applicants failed to establish valid long-term leases entitling them to occupation of the properties, as the respondents proved on a balance of probabilities that the mother church (first respondent) held prior rights of occupation, formalised by PTOs issued by traditional authorities. The evidence demonstrated that the mother church acquired oral and subsequently written permission to occupy and develop the properties before any leases were concluded. The applicants, as a separate entity, could not acquire rights over the properties that were always retained by the mother church. The Ingonyama Trust Act prohibits infringement of existing rights, and the ITB's...

Citation
[2017] ZAKZDHC 41
Parties
Applicant: The Twelve Apostles Church in Christ; Applicant: Naphtali Vusumzi Mlangeni; Respondent: The Twelve Apostles' Church in Christ; Respondent: Caesar Nongqunga; Respondent: Ingonyama Trust Board
Court
Kwazulu-Natal High Court, Durban
Jurisdiction
South Africa
Judgment Date
12 October 2017
Case Number
8049/12; 8050/12; 10263/12
Procedural Posture
Civil Application / Consolidated Hearing of Three Eviction Applications and Counter Application
Outcome
Applications for ejectment refused; counter-application granted; leases declared invalid; costs awarded against applicants.
Judges
Moodley
Legal Topics
Permission to Occupy, Long Term Leases, Misjoinder, Non Joinder, Ingonyama Trust Act, Eviction
Land and Property Civil Procedure Administrative Law Permission to Occupy Long Term Leases Misjoinder Non Joinder Ingonyama Trust Act +1 more

Case Brief

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Parties

The Twelve Apostles Church in Christ

Applicant

Naphtali Vusumzi Mlangeni

Applicant

The Twelve Apostles' Church in Christ

Respondent

Caesar Nongqunga

Respondent

Ingonyama Trust Board

Respondent

Procedural Posture

Civil Application / Consolidated Hearing of Three Eviction Applications and Counter Application

Legal Issues

  1. 1 Whether the applicants hold valid long-term leases entitling them to occupation and possession of the disputed properties.
  2. 2 Whether the respondents hold prior Permission to Occupy (PTO) rights over the properties that would invalidate the leases or entitle them to remain in occupation.
  3. 3 Whether there was material non-joinder of the Minister of Rural Development and Land Reform.

Ratio Decidendi

The court found that the applicants failed to establish valid long-term leases entitling them to occupation of the properties, as the respondents proved on a balance of probabilities that the mother church (first respondent) held prior rights of occupation, formalised by PTOs issued by traditional authorities. The evidence demonstrated that the mother church acquired oral and subsequently written permission to occupy and develop the properties before any leases were concluded. The applicants, as a separate entity, could not acquire rights over the properties that were always retained by the mother church. The Ingonyama Trust Act prohibits infringement of existing rights, and the ITB's...

Court Disposition

Applications for ejectment refused; counter-application granted; leases declared invalid; costs awarded against applicants.

Orders

  • The applications for the ejectment of the respondents in cases 8049/2012, 8050/2012 and 10263/2012 are refused.
  • The first and second applicants are directed to pay the costs of the first respondent jointly and severally, the one paying the other to be absolved.