Bonginkosi Ellen Khumalo v J C Potgieter

The appellant, an unmarried adult woman, resided on the respondent’s farm, Vaalbank, in the Vryheid district, with the respondent’s consent. She qualified as an ‘occupier’ and the respondent as an ‘owner’ under the Extension of Security of Tenure Act 62 of 1997 (ESTA). Alleging that the respondent had attempted to eject her and her family, threatened and intimidated her, and interfered with her occupation, the appellant applied to the Natal Provincial Division of the High Court for interdictory relief restraining the respondent from evicting or harassing her. The respondent raised a preliminary objection that the High Court lacked jurisdiction because the matter fell within the exclusive jurisdiction of the Land Claims Court under ESTA. The High Court upheld the objection, and the appellant appealed to the Supreme Court of Appeal.

The appeal was dismissed with costs, confirming that the High Court had no jurisdiction to hear the application.

The case clarifies the jurisdictional divide between the High Court and the Land Claims Court under the Extension of Security of Tenure Act. It establishes that the Land Claims Court has exclusive jurisdiction over disputes requiring the application of ESTA, including interdictory relief, unless there is consent to High Court jurisdiction. This judgment is important for occupiers and landowners in determining the correct forum for ESTA-related disputes.