King Sabata Dalindyebo Municipality v Monwabisi Morris Njemla (In re: Monwabisi Morris Njemla v KSD Municipality & Others)

In October 2007 the Land Claims Court granted an interim interdict in favour of Mr Njemla restraining the King Sabata Dalindyebo Municipality and others from developing land described as the remainder of erf 912, Mthatha, pending finalisation of land restitution claims purportedly lodged by the KwaLindile Community under the Restitution of Land Rights Act 22 of 1994. The interdict was accompanied by a costs order against the Municipality. Subsequently, the Municipality applied for rescission of the costs order only, contending that (a) Mr Njemla lacked locus standi as his mandate to represent the KwaLindile Community was later repudiated, and (b) Mr Njemla had himself later asserted, on affidavit, that the land under development had never been dispossessed and therefore did not fall under the Restitution Act, meaning the court lacked jurisdiction when granting the interdict and costs order.

Condonation was granted for late filing; the costs order contained in paragraph A(3) of the order dated 2 October 2007 was rescinded and set aside; execution of any warrants issued pursuant to that costs order was annulled; and the respondent was ordered to pay the costs of the rescission application.

The case affirms the Land Claims Court’s inherent common-law power to rescind its own orders, particularly costs orders, where they were granted without jurisdiction and where justice and equity so demand. It underscores the centrality of jurisdiction under the Restitution of Land Rights Act and cautions against opportunistic reliance on restitution processes to achieve collateral objectives such as halting development.