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

The Mnisi family applicants instituted proceedings concerning a pending labour tenant claim over Portion 5 of Komatidraai 417 JT. On 17 June 2025, the Land Court granted an interim order directing the Department of Land Reform and Rural Development to finalise the labour tenant claim within 30 court days, ordering the registration of a caveat against the property to prevent alienation, and permitting limited grazing access for the applicants pending finalisation of the claim. The Twelfth Respondent (the landowner) and the Fourth and Sixth Respondents (state parties) sought leave to appeal against this interim order.

The applications for leave to appeal by the Twelfth Respondent and the Fourth and Sixth Respondents were dismissed. No order as to costs was made.

The judgment reaffirms South African appellate principles that interim orders, particularly those preserving the status quo in land reform and labour tenant matters, are generally not appealable. It underscores the application of the Zweni test as tempered by the interests-of-justice standard, and cautions against the use of appeals to delay or undermine statutory land reform processes.