Alexkor Ltd and Another v Richtersveld Community and Others (CCT19/03) [2003] ZACC 18; 2004 (5) SA 460 (CC); 2003 (12) BCLR 1301 (CC) (14 October 2003)

Alexkor Ltd and Another v Richtersveld Community and Others (CCT19/03) [2003] ZACC 18; 2004 (5) SA 460 (CC); 2003 (12) BCLR 1301 (CC) (14 October 2003)

The Constitutional Court held that the Richtersveld Community possessed indigenous law ownership of the subject land, including minerals and precious stones, prior to annexation and that such rights survived annexation by the British Crown. The Court found that the Community was dispossessed of its rights after 19 June 1913 as a result of racially discriminatory laws and practices, specifically the Precious Stones Act and related proclamations, which failed to recognise indigenous law ownership and treated the land as state property. The differential treatment between registered owners and indigenous law owners constituted racial discrimination. The Court amended the Supreme Court of...

Citation
[2003] ZACC 18
Parties
Appellant: Alexkor Limited; Appellant: The Government of the Republic of South Africa; Respondent: The Richtersveld Community and Others
Court
Constitutional Court
Jurisdiction
South Africa
Judgment Date
14 October 2003
Case Number
CCT 19/03
Procedural Posture
Civil Appeal / Appeal From Supreme Court of Appeal; Review of Land Claims Court Decision
Outcome
Appeal dismissed except for amendment to the order of the Supreme Court of Appeal; costs awarded against appellants.
Judges
Chaskalson, Langa, Ackermann, Goldstone, Madala, Mokgoro, Ngcobo, O'Regan, Sachs, Yacoob
Legal Topics
Restitution of Land Rights Act, Indigenous Law Land Rights, Racially Discriminatory Laws, Customary Law Interest, Annexation and Sovereignty, Mineral Rights
Constitutional Law Land and Property Civil Procedure Restitution of Land Rights Act Indigenous Law Land Rights Racially Discriminatory Laws Customary Law Interest Annexation and Sovereignty +1 more

Case Brief

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Parties

Alexkor Limited

Appellant

The Government of the Republic of South Africa

Appellant

The Richtersveld Community and Others

Respondent

Procedural Posture

Civil Appeal / Appeal From Supreme Court of Appeal; Review of Land Claims Court Decision

Legal Issues

  1. 1 Whether the Richtersveld Community was dispossessed of a right in land after 19 June 1913 as a result of racially discriminatory laws or practices.
  2. 2 Whether the Community's indigenous law ownership included minerals and precious stones.
  3. 3 Whether annexation by the British Crown extinguished the Community's land rights.

Ratio Decidendi

The Constitutional Court held that the Richtersveld Community possessed indigenous law ownership of the subject land, including minerals and precious stones, prior to annexation and that such rights survived annexation by the British Crown. The Court found that the Community was dispossessed of its rights after 19 June 1913 as a result of racially discriminatory laws and practices, specifically the Precious Stones Act and related proclamations, which failed to recognise indigenous law ownership and treated the land as state property. The differential treatment between registered owners and indigenous law owners constituted racial discrimination. The Court amended the Supreme Court of...

Court Disposition

Appeal dismissed except for amendment to the order of the Supreme Court of Appeal; costs awarded against appellants.

Orders

  • The order of the Supreme Court of Appeal is amended to declare that the Richtersveld Community is entitled to restitution of ownership of the subject land (including minerals and precious stones) and exclusive beneficial use and occupation thereof.
  • The defendants (Alexkor and the Government) are ordered jointly and severally to pay the plaintiffs' costs including the costs of three counsel.