Jacobs and Others v Department of Land Affairs and Others (LCC3/98) [2016] ZALCC 14; 2016 (5) SA 382 (LCC) (13 June 2016)

Jacobs and Others v Department of Land Affairs and Others (LCC3/98) [2016] ZALCC 14; 2016 (5) SA 382 (LCC) (13 June 2016)

The court found that the claimants, as direct descendants of Abraham and Elizabeth September, were dispossessed of rights in the farm Uap after 19 June 1913. Although the registration of title occurred in 1907, the September family continued to occupy and assert rights in the land until their forced eviction in 1921. The dispossession was facilitated by fraudulent conduct, exploitation of illiteracy, and official indifference, all underpinned by prevailing racial discrimination. The court held that the dispossession fell within the ambit of section 2(1)(c) of the Restitution Act and section 25(7) of the Constitution. Regarding compensation, the court rejected speculative claims based on...

Citation
[2016] ZALCC 14
Parties
Applicant: Ralph Daniel Jacobs; Respondent: Department of Land Affairs
Court
Land Claims Court
Jurisdiction
South Africa
Judgment Date
13 June 2016
Case Number
LCC 3/98
Procedural Posture
Land Claim Application / Final Judgment
Outcome
Claimants succeeded; declared dispossessed of rights in land after 19 June 1913 due to racial discrimination; awarded compensation.
Judges
Ngcukaitobi, Mpshe
Legal Topics
Restitution of Land Rights Act, Section 25 Constitution, Equitable Redress, Racial Dispossession, Beneficial Occupation, Compensation Calculation
Land and Property Constitutional Law Civil Procedure Restitution of Land Rights Act Section 25 Constitution Equitable Redress Racial Dispossession Beneficial Occupation +1 more

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Parties

Ralph Daniel Jacobs

Applicant

Department of Land Affairs

Respondent

Procedural Posture

Land Claim Application / Final Judgment

Legal Issues

  1. 1 Whether the claimants were dispossessed of rights in land after 19 June 1913 as a result of past racially discriminatory laws or practices.
  2. 2 Whether the dispossession was causally linked to racial discrimination and state practices.
  3. 3 What constitutes just and equitable compensation for the dispossession suffered by the claimants.

Ratio Decidendi

The court found that the claimants, as direct descendants of Abraham and Elizabeth September, were dispossessed of rights in the farm Uap after 19 June 1913. Although the registration of title occurred in 1907, the September family continued to occupy and assert rights in the land until their forced eviction in 1921. The dispossession was facilitated by fraudulent conduct, exploitation of illiteracy, and official indifference, all underpinned by prevailing racial discrimination. The court held that the dispossession fell within the ambit of section 2(1)(c) of the Restitution Act and section 25(7) of the Constitution. Regarding compensation, the court rejected speculative claims based on...

Court Disposition

Claimants succeeded; declared dispossessed of rights in land after 19 June 1913 due to racial discrimination; awarded compensation.

Orders

  • It is declared that the claimants were dispossessed of rights in land, in respect of the farm Uap, in Upington, after 19 June 1913, as defined in section 2(1) of the Restitution Act and section 25(7) of the Constitution.
  • The Department of Land Affairs and Rural Development is ordered to pay the claimants an amount of R10 million as compensation for the dispossession of rights in land.