Brown v Mbhense

The first respondent, an illiterate 67-year-old woman, was born and lived her entire life on the farm in question. Her parents and later her husband worked for successive owners of the farm, and the family historically enjoyed cropping and grazing rights. The respondent herself worked on the farm for many years as a domestic worker and labourer, receiving minimal cash wages. She and her family used cropping land and kept livestock, which she claimed formed part of the consideration for the labour provided. After changes in ownership, her cropping rights were terminated. She approached the Land Claims Court in terms of s 33(2A) of the Land Reform (Labour Tenants) Act 3 of 1996, seeking a declaration that she was a ‘labour tenant’. The claim succeeded in the Land Claims Court, and the present appeal to the Supreme Court of Appeal was brought by the landowner.

The appeal was dismissed with costs, and the order of the Land Claims Court declaring the respondent a labour tenant was confirmed.

The case affirms a purposive and constitutionally informed interpretation of the Land Reform (Labour Tenants) Act. It clarifies that labour tenancy must be assessed on the substance of the relationship rather than formalistic or gendered assumptions, and that women may independently qualify as labour tenants. The judgment underscores the historical vulnerability of labour tenants and reinforces the protection of long-standing family connections to land.