Mlotshwa, Hlaleleni Ezzlinah and Another v Gadsh Ill Trust and Another

The applicants, members of the Mlotshwa family, had instituted labour tenancy claims under the Land Reform (Labour Tenants) Act 3 of 1996 against the Gadsh Ill Trust and the Director-General of the Department of Rural Development and Land Reform. In July 2021, the applicants and the second respondent concluded a deed of settlement with a draft consent order intended to be made an order of court. When the draft order was submitted in 2022, the Registrar raised several procedural and substantive concerns, including waiver of statutory rights, eviction-related clauses, and compliance with the Act. Despite extensions being granted, the parties took no further steps. During a later audit, the matter was flagged as unresolved. At a pretrial conference convened in August 2023, the parties explained that the settlement had been fully implemented and they no longer required judicial intervention, although this had not been communicated to the court. Evidence was produced showing compliance with outstanding settlement obligations, including fencing of graves.

The court declared that all obligations under the draft consent order attached to the deed of settlement dated 17 July 2021 had been complied with, and made the draft consent order an order of court.

The case illustrates the Land Claims Court’s supervisory and case-management role in labour tenancy matters, particularly its use of pretrial conferences to address procedural stagnation and ensure finality. It highlights the importance of compliance with registrar directives and clear communication with the court when settlements are implemented without judicial endorsement.