Kruger v Sibanyoni and Others (LCC119/2020) [2023] ZALCC 37 (26 October 2023)

begin wrapper begin container begin header begin slogan-floater end slogan-floater - About SAFLII About SAFLII - Databases Databases - Search Search - Terms of Use Terms of Use - RSS Feeds RSS Feeds end header begin main begin center # South Africa: Land Claims Court South Africa: Land Claims Court You are here: SAFLII >> Databases >> South Africa: Land Claims Court >> 2023 >> [2023] ZALCC 37 | Noteup | LawCite sino index ## Kruger v Sibanyoni and Others (LCC119/2020) [2023] ZALCC 37 (26 October 2023) Kruger v Sibanyoni and Others (LCC119/2020) [2023] ZALCC 37 (26 October 2023) Download original files PDF format RTF format make_database: source=/home/saflii//raw/ZALCC/Data/2023_37.html sino date 26 October 2023 IN THE LAND CLAIMS COURT OF SOUTH AFRICA HELD AT RANDBURG Case Number: LCC119/2020 Before: The Honourable Acting Judge President Meer Heard on: 26 October 2023 Delivered on: 26 October 2023 In the matter between: MARIA JOHANNA KRUGER Applicant And TATE MATTHEW SIBANYONI & SIBANYONI FAMILY First Respondent MINISTER OF RURAL DEVELOPMENT AND LAND REFORM Second Respondent PROVINCIAL HEAD OF THE DEPARTMENT OF RURAL DEVELOPMENT AND LAND REFORM Third Respondent ESKOM HOLDINGS SOC LTD Fourth Respondent STEVE TSHWETE MUNICIPALITY Fifth Respondent In re: TATE MATTHEW SIBANYONI & SIBANYONI FAMILY Applicant And MARIANNE VAN DER MERWE AND ANY OTHER PERSON IN CHARGE OF THE FARM 177, VAALBANK PROTION 13 HENDRINA, MPUMALANGA First Respondent MINISTER OF RURAL DEVELOPMENT AND LAND REFORM Second Respondent PROVINCIAL HEAD OF THE DEPARTMENT OF RURAL DEVELOPMENT AND LAND REFORM Third Respondent ESKOM HOLDINGS SOC LTD Fourth Respondent STEVE TSHWETE MUNICIPALITY Fifth Respondent JUDGMENT – APPLICATION FOR LEAVE TO APPEAL DELIVERED ON 26 OCTOBER 2023 MEER, AJP [1]  The applicant applies for leave to appeal to the Supreme Court of Appeal against the whole my judgment and order handed down on 7 September 2021. There has been a delay in the bringing of this application as the parties were attempting to settle. [2]  The judgment considers a landowner’s failure to consent to the installation of electricity to an occupier within the context of the right to human dignity included in section 5(a) of the Extension of Security of Tenure Act 62 of 1997 . The judgment finds that the installation of electricity is an improvement that is reasonably necessary to make the occupier’s dwelling habitable, to enable him to exercise his right to human dignity included in section 5(a) of the Act. [3]  The issue addressed in the judgment is one of important public interest concerning access to electricity in the context of the Bill of Rights. There is thus in my view a compelling reason why the appeal should be heard. [4] This being so, the application for leave to appeal to the Supreme Court of Appeal is granted. In keeping with the practice of this court not to award costs unless there are exceptional circumstances, of which I find none in this application, there is no order as to costs. [5] I grant the following order: The application for leave to appeal to the Supreme Court of Appeal is granted. There is no order as to costs. Y S MEER Acting Judge President Land Claims Court APPEARANCES For the Applicant:   Adv. M Snyman SC Instructed by: Brandmullers Inc. For the First Respondent:  Adv. K S Mashaba Instructed by: Mthimunye Attorneys sino noindex make_database footer start