Woerman NO and Another v Masondo and Others (428/99) [2001] ZASCA 119; [2002] 2 All SA 53 (A); 2002 (1) SA 811 (SCA) (9 November 2001)

Woerman NO and Another v Masondo and Others (428/99) [2001] ZASCA 119; [2002] 2 All SA 53 (A); 2002 (1) SA 811 (SCA) (9 November 2001)

The Supreme Court of Appeal held that section 2(5) of the Land Reform (Labour Tenants) Act, introduced during the trial, does not apply to actions pending at the time of its enactment. The onus remained on the respondents to prove that they were labour tenants on 2 June 1995, which included proving they were not farmworkers and that they were remunerated predominantly in the right to occupy and use land. The respondents failed to adduce sufficient evidence to enable the court to value their residential, cropping, and grazing rights in comparison to the cash and other remuneration received. Without such evidence, the trial court correctly found that the respondents did not discharge the...

Citation
[2001] ZASCA 119
Parties
Appellant: H J Woerman and M L Schutte NNO; Respondent: S O Masondo; Respondent: E Shabangu; Respondent: M A Khumalo
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
9 November 2001
Case Number
428/99
Procedural Posture
Civil Appeal / Appeal From Land Claims Court
Outcome
Appeal upheld. Eviction order against the third respondent stayed until his death. No costs orders granted.
Judges
Nienaber, Marais, Streicher, Cameron, Navsa
Legal Topics
Labour Tenant Definition, Eviction, Onus of Proof, Section 26 Constitution, Retrospective Application of Statutes, Land Reform Labour Tenants Act
Land and Property Civil Procedure Constitutional Law Labour Tenant Definition Eviction Onus of Proof Section 26 Constitution Retrospective Application of Statutes +1 more

Case Brief

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Parties

H J Woerman and M L Schutte NNO

Appellant

S O Masondo

Respondent

E Shabangu

Respondent

M A Khumalo

Respondent

Procedural Posture

Civil Appeal / Appeal From Land Claims Court

Legal Issues

  1. 1 Whether the respondents qualified as labour tenants under the Land Reform (Labour Tenants) Act on 2 June 1995.
  2. 2 Whether the respondents were farmworkers and thus excluded from labour tenant status.
  3. 3 Whether section 2(5) of the Act, introduced during the trial, shifted the onus of proof to the plaintiff.

Ratio Decidendi

The Supreme Court of Appeal held that section 2(5) of the Land Reform (Labour Tenants) Act, introduced during the trial, does not apply to actions pending at the time of its enactment. The onus remained on the respondents to prove that they were labour tenants on 2 June 1995, which included proving they were not farmworkers and that they were remunerated predominantly in the right to occupy and use land. The respondents failed to adduce sufficient evidence to enable the court to value their residential, cropping, and grazing rights in comparison to the cash and other remuneration received. Without such evidence, the trial court correctly found that the respondents did not discharge the...

Court Disposition

Appeal upheld. Eviction order against the third respondent stayed until his death. No costs orders granted.

Orders

  • The appeal is upheld.
  • Paragraphs (2) and (4) of the order by the Land Claims Court are set aside and replaced.