MM Ndlela and Others v Nel and Others

The applicants lodged labour tenant claims under section 16 of the Land Reform (Labour Tenants) Act 3 of 1996 in respect of land on the farm Winterhoek owned by the first respondent. An arbitrator conditionally declared several applicants to be labour tenants and awarded them joint ownership of approximately 85 hectares, subject to the successful drilling of a borehole. This determination was made an order of court in 2005. The Department of Land Affairs (second and third respondents) repeatedly failed to implement the court orders, including compensation, subsidies, and registration of land. The applicants also repeatedly failed or refused to comply with court orders, resisted relocation, and launched multiple abortive applications and reviews. By 28 February 2014 the substantive disputes had been settled, leaving only the issue of costs for determination.

The applicants and the second and third respondents were ordered, jointly and severally, to pay the costs of the application and the application of 14 April 2008 on a party-and-party scale. It was specifically ordered that the applicants’ cattle may not be attached to satisfy the costs order.

The case illustrates the Land Claims Court’s willingness to depart from the general rule against awarding costs in land reform and constitutional litigation where parties act in contempt of court or abuse judicial processes. It reaffirms accountability of organs of state in land reform matters and applies constitutional costs principles from Affordable Medicines and Biowatch in the labour tenancy context.