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	Third Respondent
OF RURAL DEVELOPMENT AND LAND REFORM

ESKOM HOLDINGS SOC LTD	Fourth Respondent

STEVE TSHWETE MUNICIPALITY	Fifth Respondent

In re: 

TATE MATTHEW SIBANYONI & 	Applicant
SIBANYONI FAMILY	 

and

MARIANNE VAN DER MERWE	First Respondent
AND ANY OTHER PERSON IN CHARGE OF THE 
FARM 177, VAALBANK PROTION 13 HENDRINA, 
MPUMALANGA

MINISTER OF RURAL DEVELOPMENT	Second Respondent 
AND LAND REFORM

PROVINCIAL HEAD OF THE DEPARTMENT	Third Respondent
OF RURAL DEVELOPMENT AND LAND REFORM

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