Monwabisi Morris Njemla v King Sabata Dalindyebo Municipality

The applicant sought leave to appeal to the Supreme Court of Appeal against a prior judgment of the Land Claims Court in which the court had granted the respondent’s application for rescission of an earlier costs order. The original costs order and an interim interdict had been granted on the understanding that the land under development was subject to a land claim under the Restitution of Land Rights Act 22 of 1994. Subsequently, the applicant himself filed an affidavit admitting that the land was not under claim. The respondent applied for rescission of the costs order, which was granted. The applicant then applied for leave to appeal against that rescission decision.

The application for leave to appeal to the Supreme Court of Appeal was dismissed with costs.

The case affirms the Land Claims Court’s inherent jurisdiction to rescind its own orders in the interests of justice, even where statutory mechanisms for rescission exist but are abandoned. It also reinforces the strict test for granting leave to appeal and highlights the importance of accurate disclosure of jurisdictional facts in land restitution litigation.