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South Africa Case Law

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Land And Property [2010] ZALCC 32

Msomi v Train NO and Others (LCC 95/2009)

Msomi v Train NO and Others (LCC 95/2009) [2010] ZALCC 32 (10 December 2010)

Court
Land Claims Court
Case number
LCC 95/2009
Judge
Ncube AJ

The court found that the plaintiff satisfied all three paragraphs of the definition of a labour tenant under the Act. The plaintiff resides on the farm, has or had the right to crop and graze, and these rights were exercised in exchange for labour provided to the landowner. The evidence showed that the monetary payments received by the plaintiff and his father were insufficient for survival, and the rights to crop and graze were granted as part of the consideration for their labour. The court considered the totality of the relationship, the agreements, and the probabilities, noting the unequa…

Source excerpt

  • Labour Tenancy
  • Land Reform Labour Tenants Act
  • Definition Of Labour Tenant
  • Onus Of Proof
  • Rights To Crop And Graze
  • Family Connection To Land
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Land And Property [2008] ZASCA 57

Brown v Mbhense and Another (119/07)

Brown v Mbhense and Another (119/07) [2008] ZASCA 57; [2008] 4 All SA 26 (SCA); 2008 (5) SA 489 (SCA) (28 May 2008)

Court
Supreme Court of Appeal
Case number
119/07
Judges
Scott, Mthiyane, Nugent, Van Heerden, Maya

The majority held that the plaintiff satisfied all elements of the definition of 'labour tenant' under the Act: she resided on the farm, had the right to use cropping land, and provided labour in consideration for that right. The evidence demonstrated that her remuneration was predominantly in the form of cropping rights, and her claim was supported by both her own testimony and that of her aunt. The attempt to classify her as a farmworker or to limit labour tenancy rights to male heads of households was rejected as opportunistic and inconsistent with the facts and the remedial purpose of the…

Source excerpt

  • Labour Tenancy
  • Definition Of Labour Tenant
  • Onus Of Proof
  • Security Of Tenure
  • Remedial Legislation
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.