South Africa Case Law

Khumalo and Others v Duran Law and Another (LCC93/2023)

Khumalo and Others v Duran Law and Another (LCC93/2023) [2025] ZALCC 22 (20 May 2025)

Court

Land Claims Court

Case number

LCC93/2023

Judge

Flatela

The court found that the respondents unlawfully deprived the applicants of access to the 125-hectare grazing camp by removing the access gate and installing a fence without a court order. The evidence established that the gate existed prior to the applicants' arrival and was used for grazing and water access. The respondents' actions constituted self-help and spoliation, as they took the law into their own hands rather than seeking legal remedies. The applicants proved possession and unlawful deprivation, entitling them to restoration under the mandament van spolie. The court accepted the app…

Source excerpt

• Mandament Van Spolie
• Grazing Rights
• Extension Of Security Of Tenure Act
• Constructive Eviction
• Possession
• Self Help Remedy

Mtshali v Bencor Eiendoms (Pty) Ltd and Another (LCC39/2024)

Mtshali v Bencor Eiendoms (Pty) Ltd and Another (LCC39/2024) [2024] ZALCC 24 (18 July 2024)

Court

Land Claims Court

Case number

LCC39/2024

Judge

Ncube

The applicant does not reside on Lowlands Farm but at Roode Poort Spruyt, where he has established a permanent homestead. Therefore, he is not an occupier of Lowlands Farm under ESTA and is not entitled to protection as such. Even if he were an occupier, the right to graze livestock on another's land is a personal right dependent on the owner's consent, which was withdrawn and not renewed. The applicant failed to prove entitlement to the relief sought.

Source excerpt

• Extension Of Security Of Tenure Act
• Occupier Definition
• Grazing Rights
• Personal Rights
• Consent To Graze

Moladora Trust v Mereki and Others (189/2023)

Moladora Trust v Mereki and Others (189/2023) [2024] ZASCA 37; 2024 (5) SA 51 (SCA) (3 April 2024)

Court

Supreme Court of Appeal

Case number

189/2023

Judges

Ponnan, Matojane, Weiner

The Supreme Court of Appeal set aside a Land Claims Court order after finding no factual basis for tacit consent to graze livestock on the farm.

• Extension Of Security Of Tenure Act
• Tacit Agreement
• Grazing Rights
• Occupier Consent
• Extension-of-security-of-tenure-act
• Tacit-agreement

Van Der Meulen v Dladla and Others (LCC264/2016)

Van Der Meulen v Dladla and Others (LCC264/2016) [2023] ZALCC 18 (26 May 2023)

Court

Land Claims Court

Case number

LCC264/2016

Judge

Flatela

The Land Claims Court dismissed an application to rescind or vary an interdict about grazing rights and access, finding no good cause for delay or any prospect of success.

• Restitution Of Land Rights Act
• Variation And Rescission Of Orders
• Contempt Of Court
• Grazing Rights
• Esta Occupier Rights
• Rescission-of-orders

Moeleso and Others v Loskop Landgoed Boerdery and Others (LCC174/2018)

Moeleso and Others v Loskop Landgoed Boerdery and Others (LCC174/2018) [2020] ZALCC 19 (2 December 2020)

Court

Land Claims Court

Case number

LCC174/2018

Judge

Yacoob

The Land Claims Court held that reducing occupiers’ grazing rights without a court order was unlawful eviction under ESTA, but left winter fodder unresolved.

• Extension Of Security Of Tenure Act
• Eviction Without Court Order
• Grazing Rights
• Conservation Of Agricultural Resources Act
• Esta
• Eviction

Mthethwa and Others v Bester (LCC 112/2011)

Mthethwa and Others v Bester (LCC 112/2011) [2018] ZALCC 17 (18 September 2018)

Court

Land Claims Court

Case number

LCC 112/2011

Judge

Canca

Leave to appeal was refused because the dispute was about alleged grazing rights, not spoliation, and the respondent’s CARA-based counterclaim was correctly granted.

• Spoliation
• Grazing Rights
• Specific Performance
• Conservation Of Agricultural Resources Act
• Leave To Appeal
• Grazing-rights

Mthethwa and Others v Bester and Others (LCC112/2011)

Mthethwa and Others v Bester and Others (LCC112/2011) [2018] ZALCC 39 (20 April 2018)

Court

Land Claims Court

Case number

LCC112/2011

Judge

MP Canca

The applicants failed to establish a clear right to unrestricted grazing or to keep livestock beyond the agreed limits. The evidence, including expert and official reports, confirmed that the grazing area was overstocked and environmentally degraded due to overgrazing by the applicants' livestock. The first respondent was entitled to restrict grazing to prevent further contravention of CARA and environmental harm. The applicants did not challenge the expert recommendations for removal of all livestock, and the court accepted these recommendations as necessary for rehabilitation. The main appl…

Source excerpt

• Extension Of Security Of Tenure Act
• Conservation Of Agricultural Resources Act
• Grazing Rights
• Environmental Degradation
• Interdict
• Removal Of Livestock

Ngcobo and Another v Johnson (158/2015)

Ngcobo and Another v Johnson (158/2015) [2016] ZALCC 19 (15 September 2016)

Court

Land Claims Court

Case number

158/2015

Judge

Rajab-Budlender N

The applicants failed to dispute the respondent's version of the agreement regarding grazing rights and livestock numbers, as they did not file a replying affidavit. The respondent's evidence, supported by affidavits from previous owners and family members, established that the applicants were only entitled to graze a limited number of livestock in Camp 1, with access to Camp 2 only in exceptional circumstances and by agreement. The applicants are occupiers under ESTA and are subject to its rights and obligations. Their claim to unrestricted grazing across the farm is unsupported by the evide…

Source excerpt

• Extension Of Security Of Tenure Act
• Occupier Rights
• Grazing Rights
• Contractual Agreement
• Motion Proceedings

Husselman and Another v Transnet Soc Limited (413/2014)

Husselman and Another v Transnet Soc Limited (413/2014) [2014] ZANCHC 28 (19 May 2014)

Court

Northern Cape High Court, Kimberley

Case number

413/2014

Judge

M.V. Phatshoane

The court found that Mr Hüsselman had undisturbed access to the farms for grazing purposes since the 1980s, and that the locking of gates by Transnet constituted unlawful deprivation of his quasi-possession of the right of access. The requirements for the mandament van spolie were satisfied, as possession and deprivation were proven and no lawful justification was advanced by Transnet. The court distinguished between physical possession of the crusher-dust and quasi-possession of access rights, holding that the spoliation remedy applied to the latter. Regarding the interim interdict, the cour…

Source excerpt

• Mandament Van Spolie
• Quasi Possession
• Interim Interdict
• Grazing Rights
• Ownership Dispute
• Balance Of Convenience

Mthembu v Venter and Another (LCC 193/2013)

Mthembu v Venter and Another (LCC 193/2013) [2014] ZALCC 9; [2015] 2 All SA 618 (LCC) (29 April 2014)

Court

Land Claims Court

Case number

LCC 193/2013

Judge

Spilg

The court refused interim interdictory relief over alleged grazing and fencing rights, finding the applicant had not proved a sufficiently clear prima facie case.

• Extension Of Security Of Tenure Act
• Interim Interdict
• Labour Tenant Rights
• Grazing Rights
• Prima Facie Evidence
• Interim-interdict