Law Reports
Minister of Public Works v Nieuwoudt and Others …

Minister of Public Works v Nieuwoudt and Others (1511/2006) [2007] ZANCHC 50 (18 August 2007)

55 Reportability

Land and Property Law

Brief Summary

Eviction — State-owned land — Occupation without consent — The Minister of Public Works sought the eviction of 91 individual respondents from state-owned land in Namaqualand, which was unsurveyed, unregistered, and unalienated, and occupied without the State's consent. The court issued a rule nisi requiring the respondents to show cause why they should not be evicted and ordered to demolish structures erected on the land. The legal issue was whether the State could evict individuals occupying land without consent. The court held that the Minister was entitled to seek eviction and demolition orders against the respondents as they occupied the land unlawfully.

Full Judgment Text (Click to expand)

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[2007] ZANCHC 50
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Minister of Public Works v Nieuwoudt and Others (1511/2006) [2007] ZANCHC 50 (18 August 2007)

IN
THE HIGH COURT OF SOUTH AFRICA
(CAPE
OF GOOD HOPE PROVINCIAL DIVISION)
CASE
NO.: 1511/2006
DATE
HEARD:21-06-2007
DATE
DELIVERED:17-08-2007
In
the matter between:
THE
MINISTER OF PUBLIC WORKS
Applicant
And
A A NIEUWOUDT
AND OTHERS
Individual Respondents (as
per
annexure âAâ
(as amended) hereto)
SA NATIONAL PARKS BOARD Second
Respondent
MINISTER OF MINERAL AND ENERGY
AFFAIRS Third Respondent
MINISTER OF LAND AFFAIRS AND
AGRICULTURE Fourth Respondent
MINISTER OF
ENVIRONMENTAL AFFAIRS
AND TOURISM Fifth Respondent
MEC FOR LOCAL GOVERNMENT Sixth
Respondent
NAMAQUA DISTRICT Seventh
Respondent
MUNICIPALITY KAMIESBERG
MUNICIPALITY Eight Respondent
CORAM:
C.C WILLIAMS J:
J
U D G M E N T
WILLIAMS
J:
1.The
applicant in this matter is the Minister of Public Works who has by
law been assigned as the custodian of state-owned land situated
on
the southern bank of the Groenriviermond and between the high water
mark of the Atlantic ocean and the werstern boundaries of
the farms
klipkuil 547, Eiland Punt Noord 549 and Eiland Punt Zuid 550 in the
Namaqualand.
2.It
is common cause that A.A. Nieuwoudt and Others, cited as the
individual respondents, a group comprising of 91 individual
respondents,
occupy the said state-owned land which is unsurveyed,
unregistered and unalienated, without the tacit or express consent of
the State,
the owner thereof.
3.On
6 December 2006 the applicant launched an application for inter alia,
the eviction of the individual respondents from the State-owned
land
and the demolition of the structures.
4.On
8 December 2006 when the matter first came before court a rule nisi
was issued calling upon the individual respondents to show
cause, if
any on 23 March 2007 why an order in the following terms should not
be made:
â
1.1oredering
the eviction of the individual respondents referred to in annexure
âAâ annexed hereto from the state-owned land being
unsurveyed,
uregistered and unalienated situated on the southern bank of the
groenriviermond and between the high-water mark of the
Atlantic Ocean
and the western boundaries of the farms Klip Kuil 547, Eiland Punt
Noord 549 and Eiland Punt Zuid 550 in the Namaqualand
district;
1.2ordering
the said individual respondents to demolish and/or remove all
structures erected thereon by them on the sain land without
the
express or tacit consent of the state, within a period of 30(thirty)
days of the order in paragraph 1.1 above, at their own cost
and
expense;
_________________________
C.C
WILLIAMS
JUDGE
Counsel for
Applicant: Adv N Arendse SC (State Attorney, Cape Town) With Adv. J.
Krige
Counsel
for the Individual Respondents: Adv. Reinders

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