1 IN THE CONSTITUTIONAL COURT OF SOUTH AFRICA
CCT Case No.: 232/18 SCA Case No.: 306/2017 & 314/2017 LCC Case No.: 107/2013 In the matter between:
BHEKINDLELA MWELASE First Applicant
JABU AGNESS MWELASE N.O. Second Applicant
MNDENI SIKHAKHANE Third Applicant
BAZIBILE GRETTA MNGOMA N.O. Fourth Applicant
ASSOCIATION FOR RURAL ADVANCEMENT (AFRA) Fifth Applicant
and
THE DIRECTOR GENERAL FOR THE DEPARTMENT
OF RURAL DEVELOPMENT AND LAND REFORM First Respondent
MINISTER OF RURAL DEVELOPMENT
AND LAND REFORM Second Respondent
RESPONDENTS’ RESPONSE IM TERMS OF RULE 19(4) OF THE CONSTITUTIONAL COURT RULES
BE PLEASED TO TAKE NOTICE that the abovenamed respondents oppose the application for leave to appeal instituted by the applicants on the following grounds:
2 1. The Supreme Court of Appeal correctly held that the Land Claims Court ordered the appointment of the special master without properly investigating the dispute between the parties;
2. The SCA further correctly held that there were no sufficient grounds to justify the appointment of a special master to implement legislation;
3. It further correctly held that the appointment of the special master amounted to a judicial overreach;
4. The Land Claims Court validly dismissed the application for an contempt of court because the applicants failed to prove that there was a wilful or mala fide non-compliance with the court order. The SCA correctly upheld the judgment and order in this regard.
5. The order of the SCA (paragraph [69]) replacing the order of the Land Claims Court will deal adequately with main issues in this matter. This further demonstrates that there is no need for the appointment of a special master.
6. The SCA correctly dismissed the appeals with costs that include costs occasioned upon employment of two counsels.
DATED in PRETORIA on this 01st October 2018.
_____________________________
STATE ATTORNEY Respondents’ Attorneys SALU Building
3 255 Thabo Sehume Street Cnr Thabo Sehume and Francis Baard Streets Private Bag X91 PRETORIA 001 Tel: (012) 309 1627 Cell: 072 219 0627 Fax: 086 629 1380 Email: [email protected] Enq: Mr S P Mathebula (Ref: 4798/13/Z51)
TO: THE REGISTRAR OF THE ABOVE HONOURABLE COURT
AND TO: LEGAL RESOURCES CENTRE Applicants’ Attorneys
Aqua Sky Towers 11 Floor
275 Anton Lembede Street DURBAN
Tel: 031 301 7572 Ref: T Mbhense
c/o: LEGAL RESOURCE CENTRE Constitutional Litigation Unit
15th and 15th Floors, Braam Fischer Towers
4 20 Albert Sreet
Marshall Town JOHANNESBURG Tel: 011 836 9831 Fax: 011 834 4273 Ref: C Du Toit
