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South Africa decisions
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Mabaso and Others v Goble N.O. and Others (LCC219/2015) [2023] ZALCC 3 (16 February 2023)
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.
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.
Greyling and Others v Nkosi and Others (LCC45/05) [2009] ZALCC 16 (26 November 2009)
The court found that all Respondents are labour tenants as defined by the Labour Tenant Act, based on their residence, historical provision of labour, and family succession. Section 16 applications were deemed pending, as claims had been lodged and subsequently published, despite departmental delay. However, the Respondents' refusal to render labour, aggressive conduct, and effective takeover of the farm constituted special circumstances justifying eviction under section 14. The Applicants complied with all formal notice requirements, and the return of service was accepted as proof of proper…
Source excerpt
Greyling and Others v Nkosi and Others (LCC45/05) [2008] ZALCC 14 (26 November 2008)
The Land Claims Court found the respondents were labour tenants, but still granted eviction because special circumstances justified it under section 14.
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