Basfour 3327 (Pty) Ltd v Thwala and Others

The applicant, Basfour 3327 (Pty) Ltd, is the registered owner of a farm in Mpumalanga. The respondents are long-term occupiers on the farm and were found in earlier proceedings to be occupiers under the Extension of Security of Tenure Act (ESTA). In October 2022, Judge Ncube granted an order declaring unlawful the construction of entirely new dwellings by the respondents on the farm without the owner’s consent, interdicting further construction, and ordering demolition of an unlawful foundation. In April 2023, the applicant discovered that the respondents had demolished a mud structure and commenced constructing a new brick-and-mortar dwelling without consent. The applicant then brought urgent contempt of court proceedings, alleging that the respondents were in breach of Judge Ncube’s order. The respondents admitted building the structure but denied contempt, contending that they were improving an existing structure in line with Judge Ncube’s observations and their right to dignity.

The court declined to find the respondents in contempt of court. Consequently, the punitive relief sought, including imprisonment, was not granted. Ancillary relief hinged on the contempt finding and was not granted.

The case illustrates the strict requirements for civil contempt in South African law and reinforces that non-compliance with a court order must be both wilful and mala fide. It highlights the interaction between contempt proceedings and occupiers’ rights under ESTA and constitutional notions of human dignity, particularly where court orders contain observations that may reasonably influence later conduct.