Exxaro Coal (Pty) Limited and Another v Sindane and Others

Exxaro Coal (Pty) Limited and Exxaro Coal Mpumalanga (Pty) Limited obtained an order on 30 November 2023 requiring members of the Sindane family and other occupiers to relocate from land on which they resided to alternative accommodation at Phumulani Agri Village by 31 January 2024, failing which eviction would follow. The occupiers, who were unemployed and had lived on the land for many years, sought leave to appeal against that order. Their application for leave to appeal was delivered late and without an accompanying application for condonation. Only after the court raised the issue did they file a condonation application. Exxaro opposed condonation. The matter before the court concerned whether condonation should be granted for the late filing of the application for leave to appeal.

The application for condonation for the late filing of the application for leave to appeal was refused. No order as to costs was made.

The judgment reinforces strict compliance with procedural rules in the Land Claims Court while balancing this against the court’s social justice mandate. It affirms that even in land and eviction matters implicating constitutional rights, litigants must provide full and reasonable explanations for non-compliance. The case underscores the importance of finality, enforceability of court orders, and respect for judicial process in land reform litigation.