South Africa Case Law

Mkhize and Another v SA Green Farming CC and Another (LCC166-2018)

Mkhize and Another v SA Green Farming CC and Another (LCC166-2018) [2024] ZALCC 35 (4 October 2024)

Court

Land Claims Court

Case number

LCC166/2018

Judge

Ncube

The court found that the First Plaintiff, Mr. Mkhize, satisfied all elements of the statutory definition of a labour tenant: he resided on the farm, had rights to crop and graze, and provided labour in exchange for those rights. His ancestors also resided and provided labour under similar conditions. The evidence showed that the provision of labour was tied to the right to occupy and use the land, and the cash remuneration received was minimal compared to the value of residence and land use. The contracts of employment produced by the defendants did not comply with the statutory requirements…

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• Labour Tenancy
• Land Reform Labour Tenants Act
• Burden Of Proof
• Definition Of Farmworker
• Security Of Tenure

Mlotshwa and Another v Gadshill and Another (LCC 2016/282)

Mlotshwa and Another v Gadshill and Another (LCC 2016/282) [2023] ZALCC 31 (25 August 2023)

Court

Land Claims Court

Case number

LCC 2016/282

Judge

Spilg

The Land Claims Court found the settlement terms had been complied with and made the Draft Consent Order an order of court to close the file.

• Labour Tenancy Claims
• Settlement Agreement
• Court Order Enforcement
• Land Reform Labour Tenants Act
• Land-claims-court
• Settlement-agreement

Mabaso and Others v Goble N.O. and Others (LCC219/2015)

Mabaso and Others v Goble N.O. and Others (LCC219/2015) [2023] ZALCC 3 (16 February 2023)

Court

Land Claims Court

Case number

LCC219/2015

Judge

M T Ncube

The Land Claims Court dismissed a labour tenant land-claim action after finding no valid section 16 application by the plaintiff or her late brother.

• Labour Tenancy
• Land Reform Labour Tenants Act
• Award Of Land
• Section 16 Application
• Procedural Compliance
• Notice To Landowner

Zuma v Sinclair and Others (LCC09/2008)

Zuma v Sinclair and Others (LCC09/2008) [2022] ZALCC 14 (20 May 2022)

Court

Land Claims Court

Case number

LCC09/2008

Judge

M T Ncube

The Land Claims Court declared that Mothi Evelina Zuma is a labour tenant, finding she proved the statutory elements and the defendants failed to prove farmworker status.

• Labour Tenancy
• Land Reform Labour Tenants Act
• Declaratory Relief
• Burden Of Proof
• Definition Of Farmworker
• Labour-tenancy

Senamela v Mokwana NO and Others (LCC05/2016)

Senamela v Mokwana NO and Others (LCC05/2016) [2019] ZALCC 8 (29 March 2019)

Court

Land Claims Court

Case number

LCC05/2016

Judge

Barnes

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.

• Labour Tenant Definition
• Constructive Eviction
• Land Reform Labour Tenants Act
• Voluntary Vacation Of Land
• Burial Rights On Farm
• Labour-tenants

Colchester Zoo SA Properties (Pty) Limited v Mdakane and Others (1108/2017)

Colchester Zoo SA Properties (Pty) Limited v Mdakane and Others (1108/2017) [2018] ZASCA 188 (13 December 2018)

Court

Supreme Court of Appeal

Case number

1108/2017

Judges

Maya, Mathopo, Van der Merwe, Makgoka, Carelse

The Supreme Court of Appeal held that the second respondent, Mr Maduna, did not meet the definition of 'occupier' under ESTA. Although he regarded the farm as his ancestral home and had family ties, his lengthy and unexplained absences from the farm, particularly between 2014 and 2016, demonstrated a lack of actual physical presence and intention to return on a permanent basis. The Court distinguished the facts from Mathebula v Harry, where the applicants maintained regular presence and intention to return. Consequently, the Land Claims Court erred in declaring the second respondent an occupi…

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• Extension Of Security Of Tenure Act
• Definition Of Occupier
• Eviction Proceedings
• Land Reform Labour Tenants Act

Desmond Ettienne Doman v Kgabo Gabriel Selomo (20455/2014)

Desmond Ettienne Doman v Kgabo Gabriel Selomo (20455/2014) [2015] ZASCA 124 (21 September 2015)

Court

Supreme Court of Appeal

Case number

20455/2014

Judges

Navsa, Theron, Swain, Mbha, Baartman

The Supreme Court of Appeal dismissed this burial-rights appeal as moot, holding that the burial had already taken place and any judgment would have no practical effect.

• Extension Of Security Of Tenure Act
• Mootness
• Burial Rights
• Land Reform Labour Tenants Act
• Burial-rights
• Esta

De Facto Investments 255 (Pty) Ltd v Nkala and Others (LCC 51/2010)

De Facto Investments 255 (Pty) Ltd v Nkala and Others (LCC 51/2010) [2014] ZALCC 10 (30 May 2014)

Court

Land Claims Court

Case number

LCC 51/2010

Judge

Loots AJ

The court found that the first and second defendants, and their families, satisfied all elements of the statutory definition of labour tenants, having resided and worked on the farm for generations, with rights to occupy, graze, and cultivate land in exchange for labour. The plaintiff failed to discharge the statutory onus of proving that the defendants were farmworkers predominantly remunerated in cash. The purported agreements to vacate the farm were not valid or enforceable, and the requirements for eviction under ESTA were not met, as there was no just and equitable termination of residen…

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• Labour Tenancy
• Eviction Proceedings
• Extension Of Security Of Tenure Act
• Land Reform Labour Tenants Act
• Declaratory Relief
• Statutory Compliance

Msomi v Train NO and Others (LCC 95/2009)

Msomi v Train NO and Others (LCC 95/2009) [2010] ZALCC 32 (10 December 2010)

Court

Land Claims Court

Case number

LCC 95/2009

Judge

Ncube AJ

The court found that the plaintiff satisfied all three paragraphs of the definition of a labour tenant under the Act. The plaintiff resides on the farm, has or had the right to crop and graze, and these rights were exercised in exchange for labour provided to the landowner. The evidence showed that the monetary payments received by the plaintiff and his father were insufficient for survival, and the rights to crop and graze were granted as part of the consideration for their labour. The court considered the totality of the relationship, the agreements, and the probabilities, noting the unequa…

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• Labour Tenancy
• Land Reform Labour Tenants Act
• Definition Of Labour Tenant
• Onus Of Proof
• Rights To Crop And Graze
• Family Connection To Land

Selsley Farm Trust v Mhlongo (301/08)

Selsley Farm Trust v Mhlongo (301/08) [2009] ZASCA 124; [2010] 1 All SA 466 (SCA) (28 September 2009)

Court

Supreme Court of Appeal

Case number

301/08

Judges

Harms, Navsa, Van Heerden, Mhlantla, Leach

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.

• Labour Tenant Definition
• Land Reform Labour Tenants Act
• Onus Of Proof
• Farmworker Exclusion
• Labour-tenant-definition
• Land-reform-labour-tenants-act