Basfour 3327 (Pty) Ltd v Thwala and Others (LCC 160/2017B) [2023] ZALCC 23 (30 June 2023)

Basfour 3327 (Pty) Ltd v Thwala and Others (LCC 160/2017B) [2023] ZALCC 23 (30 June 2023)

The court found that while the respondents constructed a new dwelling without the applicant's consent and failed to meaningfully engage, their actions were not shown to be malicious or in wilful disregard of the court's authority. The respondents acted under a bona fide belief, supported by Judge Ncube's observations, that they were entitled to improve their living conditions to meet standards of human dignity. The applicant conceded that improvements to existing dwellings could be made without consent if meaningful engagement occurred, but failed to demonstrate that the respondents' conduct was mala fide. The court held that mere breach of the order, absent malicious intent, does not...

Citation
[2023] ZALCC 23
Parties
Applicant: Basfour 3327 (Pty) Ltd; Respondent: Robert Thwala; Respondent: Lucy Thwala; Respondent: Minenhle Mahlangu; Respondent: Fezeka Thomo
Court
Land Claims Court
Jurisdiction
South Africa
Judgment Date
30 June 2023
Case Number
LCC 160/2017B
Procedural Posture
Contempt Application / Final Judgment
Outcome
Application dismissed. No order as to costs.
Judges
Flatela
Legal Topics
Contempt of Court, Extension of Security of Tenure Act, Adequate Housing, Human Dignity, Meaningful Engagement, Res Judicata
Land and Property Civil Procedure Constitutional Law Contempt of Court Extension of Security of Tenure Act Adequate Housing Human Dignity Meaningful Engagement +1 more

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Parties

Basfour 3327 (Pty) Ltd

Applicant

Robert Thwala

Respondent

Lucy Thwala

Respondent

Minenhle Mahlangu

Respondent

Fezeka Thomo

Respondent

Procedural Posture

Contempt Application / Final Judgment

Legal Issues

  1. 1 Whether the respondents are in contempt of the court order granted by Judge Ncube on 5 October 2022.
  2. 2 Whether the respondents' construction of a new dwelling constitutes an unlawful act under the previous order.
  3. 3 Whether the respondents' actions amount to improvements permitted under the Extension of Security of Tenure Act (ESTA) and the Constitution.

Ratio Decidendi

The court found that while the respondents constructed a new dwelling without the applicant's consent and failed to meaningfully engage, their actions were not shown to be malicious or in wilful disregard of the court's authority. The respondents acted under a bona fide belief, supported by Judge Ncube's observations, that they were entitled to improve their living conditions to meet standards of human dignity. The applicant conceded that improvements to existing dwellings could be made without consent if meaningful engagement occurred, but failed to demonstrate that the respondents' conduct was mala fide. The court held that mere breach of the order, absent malicious intent, does not...

Court Disposition

Application dismissed. No order as to costs.

Orders

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