Mathimbane v Normandien Farms (Pty) Ltd

The applicants, Phumlelo Florence Mathimbane and Mlamuli Obed Mathimbane, were long-term residents on Farm Albany in the Newcastle District, KwaZulu-Natal, owned by the respondent, Normandien Farms (Pty) Ltd. Following a fire on the farm in November 2011, a meeting was held with farm dwellers where security measures were discussed. Subsequently, the respondent locked the farm gates, posted a security guard from 6 am to 6 pm, and restricted access to the farm. The applicants alleged that these measures were punitive, motivated by a vendetta arising from earlier litigation concerning the impoundment of their cattle, and amounted to threats, intimidation, and denial of access. They sought urgent interdictory relief and keys to the gate. The application was found not to be urgent, procedural irregularities arose, and the applicants failed to properly establish their legal status as labour tenants or occupiers.

The application was dismissed for lack of jurisdiction. No order as to costs was made.

The case reaffirms that the Land Claims Court’s jurisdiction is strictly statutory and depends on applicants properly pleading and proving their status as labour tenants or occupiers. It underscores the evidentiary burden on applicants to satisfy every element of the statutory definitions under the Labour Tenants Act and ESTA, including negative requirements and historical facts.