Mkokoni Ellias Makhaza v FCL Farming CC and Magistrate Bergville

The applicant, Mr Makhaza, was sued by FCL Farming CC in the Bergville Magistrate’s Court for payment of grazing fees amounting to R30 632.00. He raised special pleas alleging that he was a labour tenant under the Land Reform (Labour Tenants) Act 3 of 1996 and alternatively an occupier under the Extension of Security of Tenure Act 62 of 1997, contending that the demand for grazing fees constituted a constructive eviction and that the Magistrate’s Court lacked jurisdiction. Due to failures by correspondent attorneys to forward documents, the applicant was unaware of subsequent procedural steps, resulting in a default judgment being granted against him. His cattle were later attached and sold in execution. The applicant then applied for rescission of judgment and related relief, but the Magistrate dismissed the rescission application on procedural grounds, namely that it was brought under a different case number. The applicant sought review of both magistrates’ court judgments in the Land Claims Court.

Both the default judgment granted on 7 July 2007 under case number 18/2007 and the judgment dismissing the rescission application granted on 17 March 2009 under case number 132/2008 were reviewed and set aside. The First Respondent was ordered to pay the costs of the review application.

The case affirms the mandatory nature of section 13(1A) of the Labour Tenants Act and reinforces the exclusive jurisdiction of the Land Claims Court in matters requiring interpretation or application of that Act. It underscores that magistrates’ courts must transfer such matters and may not proceed to judgment. The decision also emphasises a substantive, non-formalistic approach to procedural errors in rescission applications, particularly where vulnerable litigants are involved.