The Mpumalanga Division of the High Court on Tuesday imposed a suspended sentence on two occupants of Lowhills Farm, clearing the path for the farm's legal owner to execute an eviction if the couple do not vacate by 30 September.
Suspended jail term but immediate eviction still possible
Acting Judge Maboku Mangena handed both Johan Möller and Sonell Joubert a suspended three-month sentence for contempt of court during an urgent application lodged by Shofeeds (Pty) Ltd, the Parys-based company that bought Lowhills Farm at a liquidation auction.
The court rejected Shofeeds’s request for direct imprisonment but ordered costs against Möller on a Scale C party-to-party tariff. The ruling also confirmed the existing eviction order, giving the occupants until 30 September to leave. If they remain after that date, the sheriff of the court, assisted by the SAPS, is authorised to enforce the eviction.
Rescission application dismissed and costs awarded
During the same urgent hearing, Möller — represented by Adv Hennie van Rensburg — sought to rescind a 2024 judgment that declared him a vexatious litigant. Acting Judge Mangena summarily struck that rescission application from the roll for lack of urgency and awarded costs in favour of Shofeeds.
The combined orders narrow the legal options available to the occupants: the suspended sentence remains in force while the prospect of a compelled, sheriff- and SAPS-assisted eviction is now set to proceed if they do not comply voluntarily.
Background: dispute and related criminal proceedings
The occupation of Lowhills Farm, located on Strijdom Block Road, has been the subject of protracted litigation between the occupants and the farm's purchasers. The dispute has included multiple High Court interdicts concerning the presence at the property of an educational interaction elephant named Tswale, which is associated with Joubert.
In February 2025 Joubert was arrested in connection with the stabbing death of Jurgens Nel at Lowhills. She reported the incident as self-defence, alleging Nel had breached a protection order. Joubert was granted R15 000 bail by the High Court in May 2025. The murder charge was later struck off the roll at the Tonga Magistrate’s Court in September 2025 because of unreasonable prosecution delays in completing investigations.
When Möller attended Joubert’s initial bail appearance in February 2025 he was himself arrested on a contempt warrant arising from Shofeeds’ eviction process.
What the orders mean for local residents and the owner
For Shofeeds the High Court ruling re-establishes the company’s ability to take physical possession of the property should the occupants not comply by the stipulated date. For Möller and Joubert the decision places them under a suspended custodial sentence for contempt and exposes them to further costs orders if they continue litigation or delay compliance.
Residents and nearby land users should expect increased activity at the property if the sheriff moves to execute the eviction, including the presence of law enforcement. The involvement of the SAPS in assisted evictions is routine practice where court orders authorise such support to ensure the safety of all parties.
- Parties involved: Johan Möller; Sonell Joubert; Shofeeds (Pty) Ltd.
- Court: Mpumalanga Division of the High Court (Acting Judge Maboku Mangena).
- Key dates: previous eviction order issued 4 August (year not specified in hearing record); occupants must vacate by 30 September.
| Event | Date / Order |
|---|---|
| Eviction order originally issued | 4 August (as referenced in the hearing) |
| Deadline to vacate | 30 September |
| Sentence for contempt | Three-month suspended sentence |
Practical information and next steps
Those directly affected by the eviction — including workers, suppliers and anyone responsible for animals at Lowhills Farm — should prepare for possible movement or transfer of stock and equipment ahead of the deadline. Legal representatives for either side may return to court if enforcement steps or further disputes arise.
The ruling also demonstrates the court’s willingness to enforce orders against occupiers while balancing the use of immediate incarceration. The suspended sentence carries consequences should the occupants commit further contempt of court.
Further reporting will follow should the sheriff and SAPS proceed with enforcement or if parties file new applications in response to the ruling.
