IN THE HIGH COURT OF SOUTH AFRICA
KWAZULU-NATAL DIVISION, PIETERMARITZBURG
CASE NO.: 11093/22
On the 26 day of AUGUST 2022
Before the Honourable JUDGE NCUBE
In the matter between:
PAMISH INVESTMENTS NO 56 (PTY) LTD 487 APPLICANT
THE TRUSTEES FOR THE TIME BEING OF
THE MAYIBUYE COMMUNITY TRUST (IT NO. 682/03) 28° APPLICANT
and
THE UNIDENTIFIED ILLEGAL LAND INVADERS OF,
AND ALL PERSONS THREATENING TO INVADE
THE PROPERTIES IDENTIFIED IN ANNEXURE “A” 18 RESPONDENT
THE SHERIFF OF THE HIGH COURT: CAMPERDOWN. 2° RESPONDENT
STATION COMMANDER: CAMPERDOWN, SOUTH
AFRICAN POLICE SERVICES. 3° RESPONDENT
INKOS! SIMINGAYE MLABA 4™ RESPONDENT
e KZN EZEMVELO WILDLIFE 5™ RESPONDENT
MKHAMBATHINI LOCAL MUNICIAPALITY 6™ RESPONDENT
HAVING heard Counsel for the Applicants and having read the notice of motion and
the other documents filed of record;
IIS ORDERED THAT:
1. The Rules pertaining to|forr, sérvice and fling provided for in the Uniform
Rules of Court be and are hereby-dispensed with; and that the Matter be
heard on the urgent basis in terms,cfdlae, Rbomisions.ofRle*@(12)(a) and (b)
of the Uniform Rules. oN a |
2022 -08- 26
kano-pme-007Page |2
Atle nisi do hereby issue calling upon the First Respondents, and any other
interested party, to show cause before this Honourable Court on 12
November 2022, at 09h30 or so soon thereafter as Counsel may be heard,
why an order on the following terms should not be granted, viz:
24
22
23
The First Respondent and is hereby interdicted and restrained from
taking possession of, demarcating or from marking-out plots of
themselves, upon or from erecting any structures whether temporary
or permanent, or occupying or moving onto any portion, or from
placing any building materials on any part of the properties identified
in Annexure *A’ hereto (‘the Properties") for purposes of building or
constructing or erecting any structures thereon,
The Second Respondent, duly assisted by members of the Third
Respondent insofar as may be necessary, be and is hereby
authorized and directed to remove any pegs or demarcating tapelline
or any building material on the Properties.
The First Respondents are to pay the costs of this Part A of this
application, should it become opposed.
Pending the final determination of this application, the orders sought in
paragraph 21. And 2.2 above, shall operate as interim relief and order with
immediate effect.
BY ORDER OF THE Cd