Labour tenancy: Recent developments in case law
| Jurisdiction | South Africa |
| Author | JM Pienaar |
| Citation | (1998) 9 Stell LR 311 |
| Published date | 27 May 2019 |
| Pages | 311-325 |
| Date | 27 May 2019 |
LABOUR TENANCY: RECENT DEVELOPMENTS
IN CASE LAW
JM Pienaar
B luris LLM LLD
Professor, University of Stellenbosch
1 Introduction
The Land Reform (Labour Tenants)
1
Act came into operation in
March 1996. The aim of the Act is twofold: to provide for the protection
of existing land rights on the one hand and to regulate the acquisition of
land or rights in land by labour tenants on the other. In order to enjoy the
benefits of the Act, an applicant has to show that he is a labour tenant, as
set out in the Act. During the year of commencement, two cases
—
Mahlangu v De Jager
2
and
Zulu v Van Rensburg
3
—were
reported
concerning labour tenancy applications. In the first case the relevant
section was interpreted rigidly, resulting in a very heavy burden of proof
on the applicants. The second case followed suit. The question remained
as to whether the twofold aim of the Act could indeed (ever) be realised if
such a narrow interpretation regarding the legislative definition of
"labour tenancy" was followed.
In new case law reported recently, however, a new approach regarding
the interpretation of the Act was followed. It is the aim of this discussion
to analyse the newly reported cases in order to determine the necessary
requirements to be met when applications are lodged under the labour
tenancy legislation. The discussion commences with a brief look at the
historic background of labour tenancy in South Africa and the reasons
for the formulation and implementation of the Act. This will be followed
by a discussion of section 1(xi) of the Act with reference to the two
original cases that set the initial framework for the interpretation of
"labour tenancy". Thereafter the recent cases
Klopper v Mkhize
4
and
Tselentis Mining (Pty) Ltd v Mdlalose
5
will be studied in detail. An
amendment to the Land Reform (Labour Tenants) Act that also has a
bearing on the onus of proof of applicants, will also be referred to. This is
followed by an analysis of the impact of the new approach on case law.
Final remarks conclude the discussion.
2 Background
Measures issued by European influenced governments promoting
colonialism had an immediate effect on land use patterns and tenure in
3 of 1996.
2
3
4
5
311
(1998) 9 Stell LR 311
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