Friedshelf 325 (Pty) Ltd & another v Mokwena

The respondent, Ms Sizane Betty Mokwena, had resided on Portion 50 of the farm Kromdraai 292 JS in Emalahleni since 1992. She was originally employed as a domestic worker by the former owner, Mr Neil Francis, who later moved with his family to the property and allegedly granted Ms Mokwena residential, cropping and grazing rights in return for her labour. After the property was sold in execution in 2003 to Friedshelf 325 (Pty) Ltd, Ms Mokwena remained in occupation. In 2015 she instituted proceedings in the Land Claims Court seeking a declaration that she was a labour tenant under the Land Reform (Labour Tenants) Act 3 of 1996 (LTA) and claiming ownership of the portion of land she occupied. The appellants disputed her labour-tenant status and raised a preliminary point that the land did not constitute a 'farm' under the LTA because it fell within a municipal area.

The appeal was upheld. The order of the Land Claims Court was set aside and replaced with an order dismissing the plaintiff’s claim. No order as to costs was made.

The case is significant for clarifying the interpretation of 'farm' and 'agricultural land' under the LTA and the Subdivision of Agricultural Land Act. It confirms that land within municipal boundaries is excluded from the LTA regime unless formally classified as agricultural land, thereby delineating the boundary between the LTA and ESTA. The judgment reinforces limits on purposive constitutional interpretation where statutory language is clear.