Page 63 - Litigating Land and Housing in South Africa: Lessons and Reflections

where necessary and and their evidence was wholly accepted by by the the the court and and and featured prominently in in the the the judgment As stated by by Dambuza JA JA and and Mojapelo AJA
in the SCA judgment – “Ultimately it was this report (by Peires) and Prof Peires’ evidence on behalf of of Prudhoe that carried the day ”21
The Mazizini attorneys were responsible for preparing the the the court file Granted this was a a a a a a a a a a a a sizable task in in in in the the the circumstances as as as the the the papers included research reports
and pleadings of more more than than 5000 pages Numerous copies were were also necessary as as there were were more more than than 30 parties to the the the the litigation two judges and and an an an an assessor As the the the the the trial date loomed ever closer and and the the the the the court files were not prepared the the the the the LRC’s attorney travelled to to the the the the the Land Claims Court in Johannesburg With the the the assis- tance of an an an an an an LRC researcher and and two paralegals four full days were spent organising the papers into volumes paginating multiple copies copies and making electronic copies copies This proved to be be essential during the the trial as the the witnesses and court were constantly being referred to multiple documents in various places Secondly and as mentioned above just before closing arguments were to to be be made the the trial came to to a a a a a a a a a a a a grinding halt when it transpired that the the the Commission’s lawyers had failed to to notify numerous land owners of the the the pro- ceedings and and their opportunity to to participate This was 6 1 4 4 4 4 Implementation of the judgment the second time this had happened and we could not risk it it happening again By agreement with the parties we sought a a court order directing the LRC to take over the the task of of serving notice of of the the proceedings on all affected parties and reporting back to court within two months This necessitated a a a a flurry of activity as hun- dreds of kilometres were traversed by the LRC to put notices on grazing fences and and gates and and track down parties who potentially had rights that would be affect- ed by any order Phone calls letters advertisements in newspapers and even a a a a visit to the Master’s office to track down beneficiaries of a a a a a deceased estate were necessary Though time consuming and certainly not factored into any work plan this was necessary to to to com- plete the the the trial The court extended their gratitude to the the the LRC when Judge Meer congratulated “those who were involved in in in in in the service for a sterling job in in in in in following out on a a a a very very very very difficult and complex task as as directed in the order The Legal Resources Centre If this were not a a a a court I would ask everybody to give them applause ”22
6 1 4 3 Do whatever was necessary to get the case litigated
The Mazizini Community’s attorneys (acting for for for the the the the first plaintiff and and therefore dominus litis) and and the the the the Commission’s attorney attorney were wholly ineffective possibly intentionally so at at at at at getting the the the the the the the matter ready for for for trial We quickly adopted a a a a a a a a a a a a a a a a a a strategy of of consistently hounding them them to to do do do do do their their work work and and taking over tasks which they seemed incapable of of performing It was undoubtedly frustrating and and bothersome doing their their work work for for them them – but there there is is is no no no doubt doubt that we would would still not not be be be in in in in court or or or or there there would would have been been a a a a a a a a a a a mistrial had the the the the the the LRC not not been been proactive Two examples of this stand out As mentioned above the the the the judgment has has not been implemented as as as as as it it it it was was taken on on on on on on on on appeal appeal to the the the the SCA and the the the the appeal appeal was was only dismissed on on on on on on on on 2 2 2 June 2020 The Mazizini Community has has petitioned the the the the Constitutional but we are confident
21
At paragraph 3 22
Court transcript 2017 – 10 10 -30 page 101 LITIGATING LAND AND AND AND HOUSING IN IN IN SOUTH AFRICA  LESSONS AND AND AND REFLECTIONS
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