Loskop Landgoed Boerdery and Others v Moeleso and Others

The respondents were occupiers residing on agricultural land owned by Loskop Landgoed Boerdery. They enjoyed grazing rights for their livestock. The landowners unilaterally reduced the grazing available to the occupiers without first obtaining a court order. In an earlier judgment (2 December 2020), the Land Claims Court found this reduction unlawful and ordered that alternative grazing be provided. The landowners then applied, out of time, for leave to appeal against that judgment.

Late filing of the application for leave to appeal was condoned. Leave to appeal was granted against paragraphs 1, 2 and 4 of the original order dated 2 December 2020. Costs of the application for leave to appeal were ordered to be costs in the appeal.

The case is significant in clarifying procedural protections afforded to occupiers under land reform legislation, particularly regarding grazing rights. It highlights the requirement of judicial oversight before landowners may unilaterally diminish occupiers’ rights and acknowledges uncertainty in the jurisprudence following Mthethwa v Bester, prompting potential clarification by the Supreme Court of Appeal.