Umcebo Properties (Pty) Ltd and Another v Masango and Others (LCC175/2014) [2016] ZALCC 3 (10 March 2016)

Umcebo Properties (Pty) Ltd and Another v Masango and Others (LCC175/2014) [2016] ZALCC 3 (10 March 2016)

The court found that the First Respondent is bound by the written agreements he signed, which limit him to keeping 14 cattle and 10 goats on Grootpan farm. The evidence did not support the First Respondent's claim that he was ever permitted to keep an unlimited number of livestock; on the contrary, previous owners consistently enforced limitations. The demand to reduce livestock to the agreed number does not constitute an eviction under ESTA, as it does not deprive the First Respondent of his right to reside or use the land, but merely enforces reasonable limitations. Section 7(1) of ESTA is not an effective alternative remedy, as it only addresses trespassing animals and does not provide...

Citation
[2016] ZALCC 3
Parties
Applicant: Umcebo Properties (Pty) Ltd; Applicant: Umcebo Mining (Pty) Ltd; Respondent: Suhla Springkaan Masango; Respondent: Minister of Rural Development & Land Reform; Respondent: Head of the Provincial Office of the Department of Rural Development & Land Reform, Mpumalanga
Court
Land Claims Court
Jurisdiction
South Africa
Judgment Date
10 March 2016
Case Number
LCC175/2014
Procedural Posture
Urgent Application / Judgment
Outcome
Application granted; counter-application dismissed.
Judges
Baloyi AJ
Legal Topics
Extension of Security of Tenure Act, Occupier Rights, Interdict, Impoundment of Livestock, Constructive Eviction
Land and Property Civil Procedure Extension of Security of Tenure Act Occupier Rights Interdict Impoundment of Livestock Constructive Eviction

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Parties

Umcebo Properties (Pty) Ltd

Applicant

Umcebo Mining (Pty) Ltd

Applicant

Suhla Springkaan Masango

Respondent

Minister of Rural Development & Land Reform

Respondent

Head of the Provincial Office of the Department of Rural Development & Land Reform, Mpumalanga

Respondent

Procedural Posture

Urgent Application / Judgment

Legal Issues

  1. 1 Whether the First Respondent is entitled to keep more than 14 cattle and 10 goats on Grootpan farm.
  2. 2 Whether the Applicants' demand to reduce livestock constitutes an eviction under ESTA.
  3. 3 Whether the relocation of the Klippan community amounts to constructive eviction of the First Respondent.

Ratio Decidendi

The court found that the First Respondent is bound by the written agreements he signed, which limit him to keeping 14 cattle and 10 goats on Grootpan farm. The evidence did not support the First Respondent's claim that he was ever permitted to keep an unlimited number of livestock; on the contrary, previous owners consistently enforced limitations. The demand to reduce livestock to the agreed number does not constitute an eviction under ESTA, as it does not deprive the First Respondent of his right to reside or use the land, but merely enforces reasonable limitations. Section 7(1) of ESTA is not an effective alternative remedy, as it only addresses trespassing animals and does not provide...

Court Disposition

Application granted; counter-application dismissed.

Orders

  • The First Respondent is interdicted from keeping more than 14 cattle and 10 goats on Grootpan farm.
  • The First Respondent must remove all excess livestock within one month of the order.