Mnisi Elvis and Another v Registrar of Deeds: Pretoria and Others

The applicants, Elvis and Philemon Mnisi, are sons of a deceased labour tenant who allegedly lodged a labour tenant claim under section 16 of the Land Reform (Labour Tenants) Act 3 of 1996 (LTA) in respect of the farm Waterval 424 JT. Their claim arose from the same historical context as that of the twelfth respondent, Mr Nkambule, who also lodged a labour tenant claim and ultimately received Portion 5 of Komatidraai 417 JT through a section 18 settlement agreement approved by the Department of Land Reform and Rural Development. The applicants’ claim was not processed alongside Mr Nkambule’s, and they were excluded from the statutory procedures under sections 17 and 18 of the LTA. Following relocation from Waterval due to a change in land use to game farming, the applicants were placed on land with restricted grazing, leading to loss of cattle. Pending a review application (Part B), they sought urgent interim relief (Part A) to protect their position by way of a caveat over Portion 5 and temporary grazing rights.

The Department of Land Reform and Rural Development was ordered to finalise the applicants’ labour tenant claim, including any Land Rights Enquiry, within 30 court days. The Registrar of Deeds was directed to register a caveat over Portion 5 of Komatidraai 417 JT restricting transfer, alienation or encumbrance pending finalisation of the claim. The twelfth respondent was ordered to permit the applicants limited grazing access for 27 head of cattle. No order as to costs was made.

The case affirms the Land Court’s equitable powers to grant interim relief in land reform disputes where administrative failures threaten the integrity of the statutory process. It underscores that labour tenant claims arising from a shared historical context cannot be processed in isolation where this would prejudice other rights holders. The judgment highlights the State’s constitutional and statutory obligations under section 25(6) of the Constitution and the LTA, and confirms that court-approved settlement agreements under section 18 constitute reviewable administrative action.