Minah Kelatlile Lebogang v Peter Siegward Wallach and Another

The applicant was an occupier and tenant on the first respondent’s farm at Plot 53, Sandrella, where she had lived since 2003 with her children. In December 2009, her minor child was mauled by the respondent’s dogs and later died. Following this incident, the applicant alleged that she was threatened with eviction and feared for her and her children’s safety as the dogs continued to roam the property. She approached the Land Claims Court on an urgent basis seeking, inter alia, protection against eviction and an order that the respondent’s dogs be destroyed. The respondent denied threatening eviction, tendered a fresh lease, opposed the destruction of the dogs, and raised constitutional and jurisdictional objections.

The first respondent was ordered to erect a chain-link fence around the compound where the applicant resided and to take all reasonable steps to prevent the dogs from leaving the fenced area around his house without adequate supervision. No order as to costs was made.

The case illustrates the Land Claims Court’s approach to protecting occupiers’ security of tenure and personal safety under ESTA while balancing landowners’ property and security interests. It confirms that the court may grant practical protective relief short of eviction or deprivation of property, and clarifies limits on its jurisdiction regarding the destruction of animals.