Wagendrift Safaries (Pty) Ltd v Shlelembe and the Shelembe Community

The applicant, Wagendrift Safaries (Pty) Ltd, leased and possessed the farm Warmbad from the State and operated a game reserve on and around it. The second respondent, the Shelembe Community, had lodged a land restitution claim over the farm in 1998 and was represented by the first respondent. After June 2009 the applicant refused the respondents access to the farm. In January 2010 the respondents broke the lock to the entrance gate, entered the farm, dug holes and erected structures without the applicant’s consent. The applicant approached the Land Claims Court urgently for a spoliation order compelling removal of the structures and eviction.

The respondents were ordered to remove the structures erected on the farm Warmbad, to vacate the farm forthwith, and were interdicted from entering the farm. No order as to costs was made.

The case reaffirms the mandament van spolie in the context of land restitution disputes, confirming that pending land claims or cultural rights do not justify self-help or unlawful occupation. It underscores that possession will be protected by the courts irrespective of disputes about title or underlying land rights.