South Africa Case Law

Biyela and Another v Dhludhla Brothers CC and Another (LCC 107/2017; 108/2017; LCC 109/2017; LCC 110/2017; LCC 111/2017)

Biyela and Another v Dhludhla Brothers CC and Another (LCC 107/2017; 108/2017; LCC 109/2017; LCC 110/2017; LCC 111/2017) [2023] ZALCC 9 (6 March 2023)

Court

Land Claims Court

Case number

LCC 107/2017

Judge

Y S Meer

The Land Claims Court enforced a consent order requiring appointment of a land surveyor, rejecting objections and ordering costs against the first respondent.

• Labour Tenants
• Consent Order Enforcement
• Demarcation Of Land
• Court Order Compliance
• Consent-order-enforcement
• Land-claims-court

Minister of Rural Development and Land Reform v Normandien Farms (Pty) Ltd and Others, Mathibane and Others v Normandien Farms (Pty) Ltd and Others (370/2017)

Minister of Rural Development and Land Reform v Normandien Farms (Pty) Ltd and Others, Mathibane and Others v Normandien Farms (Pty) Ltd and Others (370/2017) [2017] ZASCA 163; [2018] 1 All SA 390 (SCA); 2019 (1) SA 154 (SCA) (29 November 2017)

Court

Supreme Court of Appeal

Case number

370/2017

Judges

Leach, Saldulker, Swain, Lamont, Rogers

The Supreme Court of Appeal held that the Land Claims Court erred in compelling the Minister of Rural Development and Land Reform to provide alternative grazing land, as the relevant statutory powers are permissive and not obligatory. The Minister's appeal was upheld, and the costs order against him was set aside, with each party to bear its own costs in line with the Biowatch principle. Normandien Farms was found to have standing to seek removal of livestock under the Conservation of Agricultural Resources Act, and the removal of livestock due to overgrazing does not constitute an eviction u…

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• Labour Tenants
• Overgrazing
• Condonation And Reinstatement
• Contempt Of Court
• Costs Awards
• Ministerial Powers

Msiza v Director-General for the Department of Rural Development And Land Reform and Others (LCC133/2012)

Msiza v Director-General for the Department of Rural Development And Land Reform and Others (LCC133/2012) [2016] ZALCC 12; 2016 (5) SA 513 (LCC) (5 July 2016)

Court

Land Claims Court

Case number

LCC133/2012

Judges

Ngcukaitobi, Mpcancaa

The Court held that the determination of compensation for expropriation under section 23(1) of the Labour Tenants Act and section 25 of the Constitution requires a just and equitable approach, not one based solely on market value. Market value serves as an entry point but must be balanced against other constitutional factors, including the history of acquisition, current use, lack of significant investment by the owners, and the public interest in land reform. The Court rejected the inclusion of speculative developmental potential in the valuation, finding it unsupported by evidence and contr…

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• Labour Tenants
• Just And Equitable Compensation
• Expropriation
• Land Reform
• Section 25 Constitution
• Market Value Adjustment

Geldenhuys v Thwala and Others (LCC18/05)

Geldenhuys v Thwala and Others (LCC18/05) [2005] ZALCC 7 (21 September 2005)

Court

Land Claims Court

Case number

LCC18/05

Judge

Moloto

The court found that the applicant had locus standi as a person in charge of the farm, being in physical possession and authorized by the owner. The urgency of the application was established by the respondents' attorney's letter, which threatened imminent reoccupation and burial on the farm, creating a real risk of confrontation. The cause of action was justified by the need to prevent such confrontation and maintain the status quo pending finalization of proceedings in the Magistrate's Court. The order of Meer J did not set aside the previous eviction order but merely remitted the matter fo…

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• Extension Of Security Of Tenure Act
• Labour Tenants
• Eviction Proceedings
• Urgent Interdict