Sonjica v Mapasa

• Jurisdiction: South Africa
• Judge: Revelas J, Rowan AJ
• Judgment Date: 29 November 2007
• Docket Number: A105/07
• Court: Transkei Division
• Hearing Date: 23 November 2007
• Citation: 2008 JDR 0493 (Tk)

Revelas J:

[1] The appellants unsuccessfully sought the discharge of a rule nisi interdicting them inter alia, from utilizing certain land leased by the respondent as pasture for their cattle. The appeal is against the order confirming the rule.

[2] The magistrate confirmed the interdict and rejected the appellants' points in limine, namely that the issue was res judicata, and that the Department of Agriculture, and that Land Affairs ("The Department") had to be joined as respondent in the proceedings at hand. The magistrate also rejected their argument that the applicant did not meet the requirements of a final interdict, in that the respondent had no clear right to the land because he had no valid lease.

[3] The respondent leased the land in question (Ntlambe Farm), from the former Transkei Government in terms of a written lease which has since expired. Thereafter the lease continued in terms of an oral agreement. As late as 11 December 2006 the

2008 JDR 0493 p3

Revelas J

Department confirmed that the respondent had received funds from it in March 2005, to fence off the land under discussion. The Department would hardly assist a farmer with fencing off some land to which he has no rights, and therefore one has to assume that the magistrate correctly found that the respondent's right to the land, arose ex lege.

[4] The appellants further agued that the matter had already been decided before the Magistrates' Court in Centane, under case no. 1083/06 and is res judicata as a result. In that case, the court ordered the restoration of the appellants' cattle, which were impounded at the behest of the respondent because they were trespassing on the farm in question. The magistrate correctly rejected the argument that that "possession" should be given a wider meaning, so as to include possession of the land on which those cattle grazed. Only the question of the possession of the impounded cattle was before the magistrates'...