TA017531
NOTICE IN THE HIGH COURT OF SOUTH AFRICA MPUMALANGA DIVISION, MBOMBELA (MAIN SEAT) CASE NO : 169047 / 2026 In the matter between: PETRUS ZEELIE N. O. APPLICANT
-and- THE NKOMAZI LOCAL MUNICIPALITY FIRST RESPONDENT ESKOM HOLDINGS SOC LIMITED SECOND RESPONDENT THE MEC OF THE PROVINCIAL THIRD RESPONDENT DEPARTMENT OF HUMAN SETTLEMENTS, MPUMALANGA THE MEC OF THE PROVINCIAL DEPARTMENTFOURTH RESPONDENT OF COOPERATIVE GOVERNANCE AND TRADITIONAL AFFAIRS, MPUMALANGA THE MEC OF THE PROVINCIAL DEPARTMENT FIFTH RESPONDENT OF AGRICULTURE, RURAL DEVELOPMENT, LAND AND ENVIRONMENTAL AFFAIRS, MPUMALANGA THE MINISTER OF HUMAN SETTLEMENTS SIXTH RESPONDENT THE MINISTER OF COOPERATIVE GOVERNANCESEVENTH RESPONDENT AND TRADITIONAL AFFAIRS THE MINISTER OF AGRICULTURE,EIGHTH RESPONDENT LAND REFORM AND RURAL DEVELOPMENT CHIEF DIRECTOR OF PROVINCIAL OPERATIONS NINTH RESPONDENT OF THE MPUMALANGA DEPARTMENT OF EMPLOYMENT AND LABOUR THE MINISTER OF EMPLOYMENT AND LABOUR TENTH RESPONDENT EHLANZENI DISTRICT MUNICIPALITY ELEVENTH RESPONDENT THE PREMIER OF MPUMALANGATWELFTH RESPONDENT THE REGIONAL LAND CLAIMS THIRTEENTH RESPONDENT COMMISSIONER MPUMALANGA INKHOSI SIZWE NGOMANE FOURTEENTH RESPONDENT KWALUGEDLANE TRADITIONAL COUNCIL THE STATION COMMANDER OF THE FIFTEENTH RESPONDENT KOMATIPOORT SAPS PROVINCIAL COMMISSIONER OF THE SIXTEENTH RESPONDENT MPUMALANGA SAPS MINISTER OF POLICE OF THE REPUBLIC SEVENTEENTH RESPONDENT SOUTH AFRICA OCCUPIERS OF THE REMAINDEREIGHTEENTH RESPONDENT OF THE FARM LODWICHS LUST 163 JU MPUMALANGA NOTICE OF MOTION PLEASE TAKE NOTICE that the above-named applicant intends to make application for an order in the following terms: 1.Declaring that: 1.1.The applicant is the owner of the Remainder of the Farm Lodwichs Lust 163 JU, Mpumalanga (hereinafter `the Property`). 1.2.The applicant, as owner of the Property is entitled to protection of its rights of ownership as provided for in section 25 of the Constitution. 1.3.The applicant, as owner of the Property is also the owner of any and all improvements thereon, of a fixed nature, including but not limited to, all buildings on the Property. 1.4.The development of a residential township on the Property, was and currently is unlawful and illegal. 1.5.The failure by the first respondent (and such other State respondents as the honourable Court may determine) to apply and adhere to the relevant legislation and regulations in respect of the Property and its failure to take steps to regulate and /or to have all illegal construction thereon removed, is unlawful and illegal. 1.6.The installation of electrical infrastructure on the Property by the first and/or second respondents, without the applicant`s consent and against its will, is unlawful. 2.That the first respondent be interdicted from and be ordered to desist from any further development whatsoever including but not limited to the erecting of houses and/or residential structures of whatever nature on the Property. 3.That the first respondent be interdicted from and be ordered to desist from allocating any further stands to potential residents or to allow or facilitate any further persons moving onto and/or erecting structures on the Property. 4.That the first respondent be interdicted from and be ordered to desist from installing or constructing any further structures or facilities or infrastructure of any nature whatsoever or to allow or facilitate same on the Property. 5.That any further development on the Property without the applicant`s prior written consent is prohibited and that the Sheriff for the district in which the Property is situated, may do or cause to be done anything that may be necessary to give effect to this Court Order, including but not limited thereto, that he may appoint contractors to remove any structures or infrastructure built or installed on the said property after the granting of this order, and to restore the property to the state it was in on date of this order being granted, and that the relevant respondents who was the cause of these costs being incurred, would be jointly and severally responsible for payment for all costs incurred by the sheriff in that regard. 6.That the first respondent be ordered to take the necessary steps to identify all illegal structures on the property by no later than 60 days (ordinary days) after service of the order obtained herein on the first respondent, and to report back to this honourable Court by filing a report on this court file and serving a copy thereof on the applicant`s attorneys within the said 60 day -period in which report the first respondent must: 6.1.Identify the official that will be responsible to give effect to this order and to subsequently report back to court, on the progress with giving effect to the order. 6.2.State what steps it intends to take to legalise the situation, together with a timeline within which these steps will be taken. 6.3.Set out, in respect of each such illegal structure, the nature and extent of the cause for its illegality. 6.4.Set out in respect of each structure on this property which it deems to be legal, on what basis that conclusion was reached. 6.5.Include each and every structure on the property in its report and identify same in a manner which would enable the applicant and the honourable Court to know exactly what portion of the property and what building it relates to. 6.6.Indicate in respect of each such structure whether it intends to cause same to be demolished and if so, when. 7.That the applicant will, after the expiry of the aforesaid 60-day period in prayer 2, be entitled to enrol the matter on notice to the first respondent and such respondents who may indicate in writing within 10 court days from date of this order, that they wish to be notified of these proceedings, for the honourable Court to consider the appropriateness or otherwise of the intended steps and timeframes thereof. 8.That the first respondent must timeously and without delay, take the necessary steps to provide alternative accommodation to all persons who occupies illegal buildings on the property or who otherwise illegally occupy the property irrespective of the nature of the dwelling so occupied. 8.1. Alternatively and should the first respondent or any other State respondent elect to cause the property to be expropriated and thereafter formalised into a legal township development, such State respondent must follow the appropriate process and pay compensation to the applicant, equal to the market value of the property, (plus a reasonable amount for the time which the applicant was unable to exercise its rights in and to the property), being an amount to be determined by this honourable Court on these papers, as supplemented in due course, should the State indicate that it intends to exercise this option. 9.Against the second respondent (Eskom): 9.1.An order prohibiting the second respondent from authorising or allowing new connections to its network on the Property, without prior written permission from the applicant. 9.2.An order compelling the second respondent to remove or take the necessary steps to cause to be removed, all illegal electricity connections on the Property. 9.3.An order compelling the second respondent to identify all electricity connections to its network on this property within 60 days (ordinary days) and to report back to this honourable Court by setting out under oath: 9.3.1.The number of legal connections on this property authorised by the second respondent, indicating who the relevant person or entity is to which electricity is provided and also at which building on the property this electricity is provided. 9.3.2.The number of connections on this property which the second respondent deems to be legal connections, same to be identified and indicated on an appropriate map, together with the reasons why same are deemed to be legal. 9.3.3.The number of illegal connections on this property identified by the second respondent, indicating who the relevant person or entity is who utilised the illegal connection (if possible) and to which building on the property this electricity is illegally relayed. 9.3.4.What steps the second respondent intends to take to cause all illegal electricity connections on the property to be removed and to provide a timeline therefor. 9.4.The applicant will then be entitled to enrol the matter on notice to the second respondent and such respondents who may indicate in writing within 10 court days from date of this order, that they wish to be notified of these proceedings, for the honourable Court to consider the appropriateness or otherwise of the intended steps and timeframes thereof. 10.That the Sheriff may do or cause to be done anything that may be necessary to give effect to this Court Order, including but not limited thereto, that he may appoint contractors to remove any obstacles or any other form of hindrance which obstructs the sheriff and its access to and from the property and as may be necessary to demolish such structures as it may be ordered in terms hereof to do, and the first respondent will be liable for payment for all costs incurred by the sheriff in that regard. 11.Directing the members of the South African Police Services and in particular but not so limited, the police respondents, to assist the sheriff, within the bounds of their legislative mandate, should the sheriff request their assistance, to enable the sheriff to serve the court order should the respondents prevent the sheriff from serving the court order and also to assist the sheriff in enforcing this court order. 12.That any respondents who may oppose this application are ordered to pay for the costs of this application jointly and severally the one to pay the other to be absolved. 13.That such further and/or alternative relief be granted to the applicant as the Honourable Court deems meet. and that the accompanying affidavit of PETRUS ZEELIE, with annexures thereto, will be used in support of this application. TAKE NOTICE FURTHER that the applicant has appointed DU TOIT- SMUTS AND PARTNERS, with address as set out below, as the address at which the applicant will accept notice and service of all documents and process in these proceedings. TAKE NOTICE FURTHER that if you intend opposing this application you are required: 13.1.To notify the applicant`s attorneys in writing within 15 (fifteen) days after receipt of this application of your intention to oppose; 13.2.After you have given notice of your intention to oppose the application to file an answering affidavit (if any) within 15 (fifteen) days of furnishing such notice of intention to oppose; and further; 13.3.that you are required to appoint in such notification an address referred to in Rule 6(5)(d) at which you will accept notice and service of all documents in these proceedings. TAKE FURTHER NOTICE THAT if no intention to oppose be given, or if such notice is given but no answering affidavit is filed, the application will be moved on 9 OCTOBER 2026 at 09H00 or as soon thereafter as counsel may be heard. Please enrol the matter accordingly. _____________________________________ DU TOIT-SMUTS ATTORNEYS ATTORNEYS FOR THE APPLICANT Law Chambers Van Niekerk Street Nelspruit Tel: (013) 745 3200 Fax: (013) 752 7079 Email : emeyer@dtsa.co.za mvdwesthuizen@dtsa.co.za The owner of the Farm Lodwichs Lust 163 JU has gone to court because a residential settlement has been developed on the property without the owner`s permission and without following the required legal processes. The owner wants the Court to confirm that they are the lawful owner and to stop any further development, building, allocation of new stands, movement of additional people onto the property, and installation of infrastructure. They also want Nkomazi Local Municipality to identify the structures that were built without authorisation and explain to the Court how and when those structures will be dealt with. Similarly, Eskom is being asked to stop allowing new electricity connections without the owner`s permission and to identify and remove unauthorised connections. The owner is also asking the South African Police Services to assist the Sheriff if necessary to enforce the Court`s order. If the State ultimately decides to take the property and formally establish a legal township there, the owner says this must be done through the proper expropriation process and that they must be properly compensated for the property and for the period during which they could not properly use or control it. Anyone who may be affected by the case is being given 15 days after publication of the notice to inform the owner`s attorneys if they want to participate in or oppose the application.
Reference Number: TA017531
