Dangazele and Others v Minister of Agriculture, Land Reform and Rural Development and Others; Mpetsheni and Others v Minister of Agriculture, Land Reform and Rural Development and Others; Nkolisa v Minister of Agriculture, Land Reform and Rural Development and Others (LCC16/2022;LCC17/2022;LCC18/2022) [2022] ZALCC 28 (20 October 2022)

Dangazele and Others v Minister of Agriculture, Land Reform and Rural Development and Others; Mpetsheni and Others v Minister of Agriculture, Land Reform and Rural Development and Others; Nkolisa v Minister of Agriculture, Land Reform and Rural Development and Others (LCC16/2022;LCC17/2022;LCC18/2022) [2022] ZALCC 28 (20 October 2022)

The Court found that the applicants, both as individuals and as the Vulamasango Singene Campaign, have standing to seek relief regarding 'betterment' claims, as they are directly affected by the Commission's prior conduct and the statutory scheme. However, the Court held that it is not competent to grant relief for...

Source-derived case information.

Citation
[2022] ZALCC 28
Parties
Applicant: Nelson Sipho Dangazele; Applicant: Nosipho Mildred Nonkonyana; Applicant: Vuyisile Nyezi; Applicant: Bafo Mayarha Mhlambiso; Applicant: Vulamasango Singene Campaign; Applicant: Gilbert Mpetsheni; Applicant: Mabel Ntombentsha Buwa; Applicant: Noloyiso Virginia Nkolisa; Respondent: Minister of Agriculture, Land Reform and Rural Development; Respondent: Chief Land Claims Commissioner; Respondent: Regional Land Claims Commissioner Eastern Cape
Court
Land Claims Court
Jurisdiction
South Africa
Judgment Date
20 October 2022
Case Number
LCC16/2022;LCC17/2022;LCC18/2022
Procedural Posture
Review Application / Judgment on Consolidated Applications for Processing and Lodging of 'betterment' Restitution Claims
Outcome
The application is partially granted. The Commission is directed to supply information on preserved 'betterment' claims in the Eastern Cape and is permitted to conduct administrative sorting. Relief for claims not yet lodged is refused. Costs are reserved.
Judges
S J Cowen, Y S Meer
Legal Topics
Restitution of Land Rights Act, Betterment Schemes, Standing, Processing of Preserved Claims, Constitutional Rights to Land, Administrative Procedure
Land and Property Administrative Law Constitutional Law Restitution of Land Rights Act Betterment Schemes Standing Processing of Preserved Claims Constitutional Rights to Land +1 more

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Parties

Nelson Sipho Dangazele

Applicant

Nosipho Mildred Nonkonyana

Applicant

Vuyisile Nyezi

Applicant

Bafo Mayarha Mhlambiso

Applicant

Vulamasango Singene Campaign

Applicant

Gilbert Mpetsheni

Applicant

Mabel Ntombentsha Buwa

Applicant

Noloyiso Virginia Nkolisa

Applicant

Minister of Agriculture, Land Reform and Rural Development

Respondent

Chief Land Claims Commissioner

Respondent

Regional Land Claims Commissioner Eastern Cape

Respondent

Procedural Posture

Review Application / Judgment on Consolidated Applications for Processing and Lodging of 'betterment' Restitution Claims

Legal Issues

  1. 1 Whether the applicants have standing to seek relief regarding 'betterment' restitution claims.
  2. 2 Whether the Land Claims Court is competent to grant relief for claims not yet lodged.
  3. 3 Whether the Court should permit the Commission to process preserved 'betterment' claims lodged between 1 July 2014 and 28 July 2016 in the former Transkei and Ciskei areas.

Ratio Decidendi

The Court found that the applicants, both as individuals and as the Vulamasango Singene Campaign, have standing to seek relief regarding 'betterment' claims, as they are directly affected by the Commission's prior conduct and the statutory scheme. However, the Court held that it is not competent to grant relief for claims not yet lodged, as its jurisdiction is limited by the Restitution Act and Constitutional Court orders, and reopening claims is a matter for the legislature. Regarding the processing of preserved 'betterment' claims lodged between 1 July 2014 and 28 July 2016 in the former Transkei and Ciskei, the Court determined that insufficient information exists to make a final...

Court Disposition

The application is partially granted. The Commission is directed to supply information on preserved 'betterment' claims in the Eastern Cape and is permitted to conduct administrative sorting. Relief for claims not yet lodged is refused. Costs are reserved.

Orders

  • The Commission must, within four months, deliver an affidavit describing areas and villages in the former Transkei and Ciskei affected by betterment schemes, and provide a reasonable estimate of preserved claims lodged in those areas.
  • The Commission is permitted to process preserved claims in the Eastern Cape by administrative sorting and capturing relevant information.