Mahlangu and Another v Van der Merwe and Others (LCC: 142/2019) [2022] ZALCC 5 (3 February 2022)
Court
Land Claims Court
Case number
LCC: 142/2019
Judge
Cowen
The applicants are ESTA occupiers entitled to protection from eviction and to exercise tenure rights. However, they failed to plead and substantiate most of their claims with sufficient evidence, particularly regarding restoration of the grazing camp, deprivation of water, and harassment. The court found that the applicants are entitled to exercise their rights under sections 5 and 6 of ESTA, including the right to access electricity, and directed the respondents to engage meaningfully regarding electricity connection. Relief was refused on other prayers due to lack of evidence, but the appli…