South Africa Case Law

Freudential Trust v Sithole and Others (Variation) (LCC 150/2023)

Freudential Trust v Sithole and Others (Variation) (LCC 150/2023) [2024] ZALCC 43 (20 September 2024)

Court

Land Claims Court

Case number

LCC 150/2023

Judge

Spilg

The court found that the respondents failed to provide sufficient factual evidence to support their claim that changed circumstances justified variation of the interim consent order. The alleged death of livestock was not adequately substantiated, and the respondents did not set out the financial inability to procure fodder or the factual basis for their livelihood claims. The court accepted, for the purposes of argument, that it has inherent jurisdiction to vary an interim order in the interests of justice where unforeseen circumstances arise, but held that the respondents did not meet the t…

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• Extension Of Security Of Tenure Act
• Interim Interdict
• Variation Of Court Order
• Labour Tenants Act
• Urgent Application

Mokoena and Others v Lambrechts Familie Testamentere Trust and Others (LCC36/2019)

Mokoena and Others v Lambrechts Familie Testamentere Trust and Others (LCC36/2019) [2022] ZALCC 37 (14 June 2022)

Court

Land Claims Court

Case number

LCC36/2019

Judge

Cowen

The Land Claims Court dismissed special pleas limiting labour tenants to status relief, holding that rights and servitudes may be determined at trial.

• Labour Tenants Act
• Jurisdiction Of Land Claims Court
• Special Plea
• Rights Of Labour Tenants
• Registration Of Servitudes
• Labour-tenants-act

CDH Watson NO and others v Tsoanyane & Another

CDH Watson NO and others v Tsoanyane & Another [2020] ZALCC 35 (21 December 2020)

Court

Land Claims Court

Case number

LCC102/2020

Judge

Cowen

The applicants established a clear right to restrain the respondents from ploughing, planting, and allowing livestock outside the occupiers' area, as the respondents have no consent or right to use Trust property beyond the designated area. The harm to the Trust's business is irreparable and not adequately remedied by damages. The balance of convenience favours the applicants, given the respondents' expansion of commercial livestock operations and failure to rebut the presumption of irreparable loss. However, the request to demolish the newly erected structure outside the occupiers' area is p…

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• Extension Of Security Of Tenure Act
• Interim Interdict
• Eviction Procedure
• Constitutional Right To Housing
• Labour Tenants Act
• Balance Of Convenience

Timothy v Sibanyoni and Others (LCC 2018/59)

Timothy v Sibanyoni and Others (LCC 2018/59) [2020] ZALCC 8 (5 August 2020)

Court

Land Claims Court

Case number

LCC 2018/59

Judge

Spilg

The Land Claims Court dismissed an eviction application under ESTA, finding the respondent had longstanding occupier rights and that termination of residence was not just and equitable.

• Extension Of Security Of Tenure Act
• Labour Tenants Act
• Eviction Proceedings
• Just And Equitable Termination
• Alternative Accommodation
• Constitutional Right To Housing

Lynn v Nene and Others (LCC95/2016)

Lynn v Nene and Others (LCC95/2016) [2018] ZALCC 21 (29 January 2018)

Court

Land Claims Court

Case number

LCC95/2016

Judge

Canca

The court found that the defendants failed to prove they qualified as labour tenants, as they did not meet the cumulative requirements of the Labour Tenants Act, particularly regarding the provision of cropping or grazing rights by a parent or grandparent. The evidence did not support Gladys Nene's independent right to reside, crop, or graze, nor did it establish Nhlanhla Nene as an associate. The counter claim for labour tenancy and an award of land was dismissed due to non-compliance with statutory requirements. Regarding eviction, the court held that the plaintiff had established a materia…

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• Extension Of Security Of Tenure Act
• Labour Tenants Act
• Eviction Procedure
• Just And Equitable Eviction
• Counter Claim For Labour Tenancy

Glencore Operations South Africa (Pty) Ltd v Mnguni and Others (LCC105/2017)

Glencore Operations South Africa (Pty) Ltd v Mnguni and Others (LCC105/2017) [2018] ZALCC 2 (23 January 2018)

Court

Land Claims Court

Case number

LCC105/2017

Judge

M P Canca

The court dismissed an urgent interim eviction application under ESTA and the Labour Tenants Act, finding an alternative remedy existed and that hardship favored the respondents.

• Extension Of Security Of Tenure Act
• Labour Tenants Act
• Urgent Eviction
• Interim Relief
• Balancing Of Hardship
• Urgent-eviction

Mwelase and Others v Director-General for the Department of Rural Development and Land Reform and Others (107/2013)

Mwelase and Others v Director-General for the Department of Rural Development and Land Reform and Others (107/2013) [2016] ZALCC 23; 2017 (4) SA 422 (LCC) (8 December 2016)

Court

Land Claims Court

Case number

107/2013

Judge

Ncube AJ

The Land Claims Court found the Department had failed to process labour tenant claims and appointed a Special Master of Labour Tenants to assist with implementation.

• Labour Tenants Act
• Structural Interdict
• Special Master Appointment
• Constitutional Rights Enforcement
• Court Supervision
• Failure To Process Land Claims

Gregory and Others v Mathebula and Others (LCC29R/2016)

Gregory and Others v Mathebula and Others (LCC29R/2016) [2016] ZALCC 13 (18 August 2016)

Court

Land Claims Court

Case number

LCC 29R/2016

Judge

Yacoob AJ

Automatic review of an eviction order under ESTA. The Land Claims Court set aside the magistrate’s order, deemed the defendant’s plea amended, and remitted the matter.

• Extension Of Security Of Tenure Act
• Labour Tenants Act
• Pleading Amendment
• Eviction Procedure
• Extension-of-security-of-tenure-act
• Labour-tenants-act

Mabhena and Another v Greaves Properties CC (A809/2015, 1688/2015)

Mabhena and Another v Greaves Properties CC (A809/2015, 1688/2015) [2016] ZAGPPHC 551 (15 June 2016)

Court

North Gauteng High Court, Pretoria

Case number

A809/2015, 1688/2015

Judges

Adams, Mphahlele

The court found that the appellants filed their application for rescission within the prescribed period after obtaining knowledge of the default judgment, contrary to the Magistrate's finding. The explanation for their default was plausible and sufficiently detailed. The appellants raised a substantial defence by claiming to be labour tenants, which, if true, would exclude the jurisdiction of the Magistrates Court and reserve it for the Land Claims Court. The respondent's denial of their status as labour tenants was immaterial for jurisdictional purposes. Additionally, the respondent failed t…

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• Eviction Proceedings
• Labour Tenants Act
• Jurisdiction
• Rescission Of Judgment
• Prevention Of Illegal Eviction Act

Normandien Farms (Pty) Ltd v Mathimbane and Others (LCC196/2013)

Normandien Farms (Pty) Ltd v Mathimbane and Others (LCC196/2013) [2015] ZALCC 14; 2017 (5) SA 204 (LCC) (5 November 2015)

Court

Land Claims Court

Case number

LCC 196/2013

Judge

Y Meer

The court found that the applicant had locus standi to bring the main application under CARA, the Labour Tenants Act, NEMA, and the Constitution, as the relief sought promoted environmental protection and conservation. The respondents' counterclaim for award of land and compensation failed because there was no proof of a valid application for an award in land under the Labour Tenants Act before the statutory cut-off date, and the court lacked authority to grant such relief. The State respondents' failure to act under CARA was noted, but the fourteenth respondent was ordered to make alternativ…

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• Overgrazing
• Conservation Of Agricultural Resources Act
• Labour Tenants Act
• Environmental Rights
• Locus Standi
• Removal Of Livestock