Kweneng Land Board ousted from Kgang's eviction case
Mpho Mokwape | Tuesday February 20, 2024 06:00
The Land Board remained neutral initially, but as the dispute over the land escalated, it sought to be joined in the proceedings.
However, Justice Motlhabi dismissed the application, stating that the Land Board failed to specify how it would be prejudiced by the court's orders in the eviction proceedings.
"Having carefully considered the affidavits filed in support of this application, and more particularly the arguments advanced in the parties' heads of argument filed by counsel for the respective parties, I am not persuaded that it has been sufficiently shown here by the Kweneng Land Board that, it is a necessary party, in the sense that, it has direct and substantial interest in the issues raised before the court, and that its rights may be adversely or otherwise affected by any eventuating judgment of the court if joinder is not ordered at this juncture," Motlhabi said.
The judge clarified that the Land Board misunderstood the nature of the case, which focuses on eviction rather than the validity of the title. He emphasised that for a joinder, a party must demonstrate a direct and substantial interest in the subject matter of the action, and the Land Board failed to prove it would suffer specified prejudice.
"Therefore, it is incumbent upon the Kweneng Land Board to demonstrate that, should eviction be granted, it would suffer some specified prejudice. From the precedent cited herein, it is evident that the Kweneng Land Board bears the onus of proving that it has a direct and substantial interest in the order that may be made by the court, and secondly, that it stands to be prejudiced by such an order," noted Justice Motlhabi. He expressed that, according to the court affidavit of Neo Mothobi for the Kweneng Land Board, it did not sufficiently lay the basis of the two requirements set out by the court rules on how affidavits in motion proceedings should be presented.
He clarified that, in motion proceedings, a party stands or falls by its papers, especially the affidavits filed of record. At the end, the judge dismissed the application with costs in favour of Setlhabi and the four others. Meanwhile, the facts in this matter are that in the main application filed on October 7, 2021, Setlhabi and four others sought the eviction of Kgang from their ploughing fields situated at Mmokolodi.
The position of the applicants is based on the fact that they are the lawful owners of the land and, as such, are entitled to vacant and undisturbed possession thereof. Setlhabi and four others alleged that Kgang was unlawfully occupying and developing the property and further alleged that the land in issue was previously solely owned by Setlhabi, by virtue of a certificate of Customary Land Grant, and thereafter subdivided, with portions thereof transferred to Lebone Moetapele Mophuting, Ndiwe Isaac Gaolape, Taeolo Lundanani Pabalelo, and Tiro Pabalelo, each owning a portion respectively. Kweneng Land Board allegedly issued Agreements of Grant of Lease for Business plots to each of the aforesaid individuals.
Then, on July 20, 2023, Kweneng Land Board brought an interlocutory application seeking to be joined as the second respondent in the eviction proceedings filed against Kgang. The Land Board submitted that it has an appreciable stake in the outcome of the case and possesses a direct and material interest in the proceedings.
It argued that it has jurisdiction over the land in question and holds the sequence in which the land was allocated up to the present holders of the title. Based on that, the Land Board said that its rights may be adversely or otherwise affected by the eventuating judgment of the court if a joinder was not granted. Setlhabi and the four others opposed the application.