Director-General for the Department of Rural Development and Land Reform and Another v Mwelase and Others; Mwelase and Others v Director-General for the Department of Rural Development and Land Reform and Another (306/17; 314/17)
Director-General for the Department of Rural Development and Land Reform and Another v Mwelase and Others; Mwelase and Others v Director-General for the Department of Rural Development and Land Reform and Another (306/17; 314/17) [2018] ZASCA 105; 2019 (2) SA 81 (SCA) (17 August 2018)
The Supreme Court of Appeal held that the Director-General's failure to process or refer labour tenant applications under the Land Reform (Labour Tenants) Act was unlawful and inconsistent with constitutional obligations, specifically ss 10, 25(6), 33, 195, and 237. However, the Court found that the appointment of a special master by the Land Claims Court constituted judicial overreach, as it effectively transferred executive functions and budgetary responsibilities to a court-appointed outsider, which is not authorised by South African law. The Court emphasised that remedies must respect the…
Source excerpt
- Labour Tenant Claims
- Structural Interdict
- Separation Of Powers
- Contempt Of Court
- Implementation Of Land Reform
- Bill Of Rights Enforcement