Monto and Another v Campbell and Others

• Judge: Dowling J
• Judgment Date: 28 September 1951
• Citation: 1951 (4) SA 372 (T)
• Hearing Date: 06 March 1951
• Court: Transvaal Provincial Division

F Dowling J:

These are proceedings by way of review brought by the first and second applicants two native site holders in respect of Stands 747 and 780 in the old Location Krugersdorp

G The first and second respondents are respectively J. A. Campbell and B. C. Botha, in their capacities as valuators appointed by the fourth respondent the Minister of Native Affairs, in the exercise of his powers under Act 25 of 1945. The third respondent is the Klerksdorp Town Council, which is the Local Authority having control over locations in the Krugersdorp Municipal area.

H Certain preliminary objections were taken on behalf of the respondents.

The dispute on the merits is whether certain actions of the Klerksdorp Town Council and the Minister, intended to bring about the abolition and removasl of the old location and the establishment of a new location in the Klerksdorp district were according to law.

Sec. 3 (2) of Act 25 of 1945 provides:

'3 (2). No location, native village or native hostel shall be removed, curtailed or abolished without the consent of the Minister, after reference to the Administrator, and upon such terms and conditions as to compensation

Dowling J

and otherwise as the Minister, after consultation with the urban local authority, may direct.'

The Minister had prescribed certain terms and conditions as to compensation in terms of sec. 3 (2) and in order to give effect to such A terms and conditions had appointed the first and second respondents as valuators. These gentlemen proceeded to discharge their functions, but it is alleged that they committed various irregularities in that regard, and that their appointment by the Minister was also irregular.

There had been earlier litigation arising out of the proceedings to B abolish the old location and move its inhabitants to a new one. It would be convenient at this stage to refer to these proceedings, which are summarised in paras. (5) to (10) of the petition, which I quote: -

'5. On or about the 29th September, 1949, certain native siteholders William Raseome Mogomutsi and others, together with members of C the Klerksdorp Native Advisory Board, applied to this Honourable Court against the third and fourth respondents for inter alia:

(a)

an order restraining the third respondent from ejecting them from the location where they then resided;

(b)

an order restraining the third respondent from proceeding with the valuation of the buildings in the old location by two D valuators, in particular, the valuator purporting to act for the natives.

(c)

Further or alternative relief;

(d)

Costs.

6. In support of the application it was alleged that a...