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South Africa decisions
Decisions matching the current search
Mnguni v Damview Trust and another (LCC60/2015) [2022] ZALCC 11 (11 April 2022)
The Land Claims Court dismissed a claim for labour-tenant status, finding the plaintiff proved residence but not that land use was in return for labour.
Adendorff N O and Another v Kubheka and Another (463/2020) [2022] ZASCA 29 (24 March 2022)
The Supreme Court of Appeal confirmed Kubheka as a labour tenant, rejected the farmworker defence, and dismissed the appeal while directing a compensation process.
Kubheka v Adendorf and Others (LCC140/2010) [2019] ZALCC 9; [2019] 3 All SA 566 (LCC) (29 April 2019)
The court held that Mr Kubheka was a labour tenant and had timeously applied for land under the Act, awarding him the portion occupied and used on 2 June 1995.
Senamela v Mokwana NO and Others (LCC05/2016) [2019] ZALCC 8 (29 March 2019)
The Land Claims Court held that the plaintiff’s March 2013 departure from the farm was not voluntary, finding threats and intimidation by the defendants.
Kunene and Another v Hattingh and Others (LCC126/2008) [2016] ZALCC 28 (13 January 2016)
The court held that Enoch Kunene qualified as a labour tenant, but Felokwakhe Kunene did not prove residence on Spitskop and his claim was dismissed.
Mathimbane and Another v Normandien Farms (Pty) Ltd (LCC 06/2012) [2013] ZALCC 4 (29 January 2013)
The Land Claims Court dismissed an urgent application by farm residents, finding they had not proved labour-tenant or ESTA occupier status and so failed to establish jurisdiction.
Joosten v Dlamini (LCC 122/2006) [2010] ZALCC 28 (30 November 2010)
The Land Claims Court declared the respondent a labour tenant and ordered the applicant to pay costs after finding a valid labour-tenant relationship.
Mills v Shawe and Others (28458/2009) [2009] ZAGPPHC 142 (11 November 2009)
The High Court granted an eviction order after finding the first respondent was not a labour tenant and that the respondents were unlawful occupiers.
Selsley Farm Trust v Mhlongo (301/08) [2009] ZASCA 124; [2010] 1 All SA 466 (SCA) (28 September 2009)
The SCA held that the respondent failed to prove the statutory requirements for a labour tenant, especially that his mother worked for the owner or lessee.
Labuschagne and Another v Ntshwane (LCC64/03) [2006] ZALCC 9; 2007 (5) SA 129 (LCC) (13 October 2006)
The court rejected a labour-tenant defence, upheld eviction under ESTA, dismissed lis alibi pedens, and ordered costs against the respondent.
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