Ntuli v Gouws and Others

The applicant, Mr William Ntuli, occupied a room in a brick house on Portion 51 of the farm Kleinfontein 368 with the consent of the first and second respondents. Without obtaining a court order, the respondents removed him from occupation. On an urgent basis, the applicant obtained an interim order (rule nisi) on 8 April 2015 compelling restoration of the status quo ante and interdicting eviction without a court order. The respondents failed to comply with this interim order, prompting the applicant to launch a contempt of court application. The respondents raised defences of lack of jurisdiction, impossibility of restoring occupation, and inability to comply due to the absence of the first respondent from the country.

The contempt of court application was dismissed. The first and second respondents were ordered to comply with the interim order dated 8 April 2015 within seven days of the judgment. Costs were reserved for determination upon finalisation of the main application.

The case reaffirms the exclusive jurisdiction of the Land Claims Court over ESTA matters where occupation is with consent, clarifies that absence from premises does not necessarily constitute abandonment, and underscores the requirement of wilfulness and mala fides for a finding of contempt of court. It also emphasises that interim orders under ESTA remain binding even where contempt is not established.