IN THE LAND CLAIMS COURT OF SOUTH AFRICA
Held at RANDBURG on 4 May 2001 & 29 June 2001
before Moloto AJ

CASE NUMBER: LCC 10/01

Decided on: 6 July 2001
In the matter between:
NKUZI DEVELOPMENT ASSOCIATION

Applicant

and
THE GOVERNMENT OF THE REPUBLIC OF SOUTH AFRICA
THE LEGAL AID BOARD

First Respondent
Second Respondent

JUDGMENT

MOLOTO AJ:

[1]

This is an application for a declaratory order to the effect that persons who have a right to

security of tenure in terms of the Extension of Security of Tenure Act1 (“ESTA”) and the Land Reform
(Labour Tenants) Act2 (“Labour Tenants Act”) and whose tenure is threatened or has been infringed,
have a right to legal representation or legal aid at State expense under certain conditions, and other
relief.

[2]

The first respondent entered an appearance to defend but later withdrew from participating in

the case. The second respondent did not enter an appearance, choosing rather to abide the decision
of the Court.

1

Act 62 of 1997, as amended.

2

Act 3 of 1996, as amended.

Select target paragraph3