Mahikeng Local Municipality v Gwiriri and others

• Jurisdiction: http://justis.com/jurisdiction/166,South Africa
• Judge: Djaje DJP
• Judgment Date: 10 August 2023
• Citation: 2023 JDR 3077 (NWM)
• Hearing Date: 15 June 2023
• Docket Number: UM 157/2019
• Court: North West Division, Mahikeng

Djaje DJP:

[1]

On 15 June 2023 an order was granted in the following terms:

“1.

THAT: Rule Nisi is confirmed.

2.

THAT: The Second Respondent is ordered to pay costs.”

[2]

This matter has some history and first came before court on 18 September 2019 when the applicant sought an order against the

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Djaje DJP

respondents to interdict them from invading the portion of land known and described as Portion 2 of the Farm Rooigrond No. 135 and remainder of Erf 428, Mahikeng. An order was granted against the respondents with a rule nisi as follows:

“1.

THAT: The forms and services provided for in the rules of the above Honourable Court be and are hereby dispensed with and that the matter be treated as an urgent application in terms of the provisions of rule 6(12) of the Uniform Rules of Court.

2.

THAT: A rule nisi be and is hereby issued calling upon the Respondents to furnish reasons, if any, on Thursday, the 24th day of October 2019 at 10h00, as to why the following order should not be confirmed:

2.1

That the First to Fourth Respondents be and are hereby ordered not to invade Portion 2 of the Farm Rooigrond No. 135 and Remainder of ERF 428, Mahikeng, and/or erect structures on the property, and/or reside on the property, except those who at the date of this order already resides on the property and/or those who have already erected structures.

2.2

The Sheriff be and is hereby authorised to enforce to enforce the aforesaid order should there not be compliance with prayer 2.1 above and that the Fifth and Sixth Respondents be ordered to maintain law and order and ensure the safety of the Sheriff in executing his duties.

2.3

The Sheriff be authorised be authorised to demolish all unlawful, occupied structures at the property situated at Portion 2 of the Farm Rooigrind No. 135 and Remainder of ERF 428, Mahikeng and that the Fifth and Sixth Respondents be ordered to maintain law and order and ensure the safety of the Sheriff in executing his aforesaid duties.

3.

THAT: Prayer 2.1-2.2 be of interim force pending the return date.

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Djaje DJP

4.

THAT: Service of this order and application be effected in the following fashion:

(a)

By attaching the order and application to three notice boards on the property.

(b)

By publishing the order in one publication of the Mahikeng Mail.

(c)

Upon the First and Second Respondents by the Sheriff in terms of the terms of the rules.

(d)

By affixing the order and application on occupied structures found.”

[2]

The above order was confirmed on 7 November 2019 with the following order:

“1.

THAT: The rule nisi be and is hereby confirmed in the following terms:

1.1

That the First to Fourth Respondents be and are hereby ordered not to invade PORTION 2 OF THE FARM ROOIGROND NO. 135 AND REMAINDER OF ERF 428, MAHIKENG, ad/or erect structures on the property, and/or reside on the property, except those who at the date of this order already resides on the property.

1.2

The Sheriff be and is hereby authorized to enforce the aforesaid order should there not be...