Keppler and others v Department of Land Affairs (LCC116/98) [2003] ZALCC 16 (1 July 2003)
- Citation
- [2003] ZALCC 16
- Status
- Judgment
- Jurisdiction
- South Africa
- Court
- Land Claims Court
- Panel
- A Gildenhuys
- Case number
- LCC 116/98
More details
- Court
- Land Claims Court
- Panel
- A Gildenhuys
- Case number
- LCC 116/98
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court found that, following its earlier judgment which allowed claimants to submit further evidence, Nora Keppler had secured the agreement of all other claimants to accept compensation on their behalf. An agreement was reached between Nora Keppler and the Department of Land Affairs for payment of R43,300.00 in respect of Lot 87, The Highlands. The court, satisfied with the parties' consensus and the sufficiency of evidence now presented, ordered that compensation be paid to Nora Keppler for the dispossession of Lot 87.
Court disposition
Compensation awarded to Nora Keppler for the dispossession of Lot 87, The Highlands.
Orders
- Compensation of R43,300.00 is awarded to Nora Keppler in respect of the dispossession of Lot 87, The Highlands.
02
Material facts
Parties
N Keppler
Plaintiff Counsel: Ms MarupenF Jafta
PlaintiffSJ Keppler
PlaintiffDepartment of Land Affairs
Defendant Counsel: Ms BehardienAmounts and remedies
- Compensation Awarded: ZAR 43,300
03
Procedural history
Posture
Civil Procedure / Final Determination of Compensation Claim
04
Questions and positions
Legal issues
- 01
Whether the claimants provided sufficient evidence to establish their right to claim compensation for Lot 87, The Highlands.
- 02
Whether Nora Keppler is entitled to receive compensation on behalf of all claimants for the dispossession of Lot 87.
Party arguments
- Applicant
- Nora Keppler, having secured the agreement of the other claimants, sought compensation for the dispossession of Lot 87, The Highlands. She argued that she was entitled to receive the compensation on behalf of all claimants, and presented an agreement with the Department of Land Affairs for payment of R43,300.00.
- Respondent
- The Department of Land Affairs, represented by the State Attorney, agreed to the compensation amount and to Nora Keppler receiving the payment, subject to the court's order.
05
Court’s reasoning
Legal principles
- 01
Restitution of Land Rights Act 22 of 1994
Claimants must present sufficient evidence to establish their right to claim compensation under the Restitution of Land Rights Act.
- 02
Ex parte former Highland Residents: In re: Ash and Others v Department of Land Affairs [2000] 2 All SA 26 (LCC)
Where claimants agree, compensation may be paid to a nominated representative acting on their behalf.
06
Ratio, limits and disposition
Ratio decidendi
The court found that, following its earlier judgment which allowed claimants to submit further evidence, Nora Keppler had secured the agreement of all other claimants to accept compensation on their behalf. An agreement was reached between Nora Keppler and the Department of Land Affairs for payment of R43,300.00 in respect of Lot 87, The Highlands. The court, satisfied with the parties' consensus and the sufficiency of evidence now presented, ordered that compensation be paid to Nora Keppler for the dispossession of Lot 87.
Obiter and limits
- The court notes that the process of restitution under the Act allows for flexibility in the submission of further evidence where initial claims are insufficient.
- The agreement between the parties facilitated a just and expedient resolution of the compensation claim.
Court disposition
Compensation awarded to Nora Keppler for the dispossession of Lot 87, The Highlands.
- Compensation of R43,300.00 is awarded to Nora Keppler in respect of the dispossession of Lot 87, The Highlands.
Source and reliance status
Land Claims Court
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Judgment reading view
Judgment text
The complete available source text.
Land Claims Court
Judgment
IN
THE LAND CLAIMS COURT OF SOUTH AFRICA
RANDBURG
CASE NUMBER: LCC 116/98
In chambers: GILDENHUYS J
1 July 2003
In the case between:
KEPPLER, N First Plaintiff
JAFTA, F Second Plaintiff
KEPPLER, SJ Third Plaintiff
and
THE DEPARTMENT OF LAND AFFAIRS Defendant
JUDGMENT
GILDENHUYS J:
On 10 March 2000, I gave judgment on a number of restitution claims brought under the Restitution of Land Rights Act (Act 22 of 1994, as amended) in respect of properties situated in the former township of The Highlands, near Pretoria. The case is reported sub nom Ex parte former Highland Residents: In re: Ash and Others v Department of Land Affairs [2000] 2 All SA 26 (LCC). In my judgment, compensation was awarded to some of the claimants.
Claim no 7 of the aforesaid claims was brought by Joseph Stephanus Keppler and Frederika Keppler in respect of Lot 87, The Highlands. In relation to that claim, I held as follows:
âThe claimants did not present sufficient evidence to establish their right to claim; they may apply for leave to submit further evidence.â
Nora Keppler subsequently joined in the action. She secured the agreement of the other claimants to accept (also on their behalf) any compensation which may become due in respect of Lot 87. She then (through her attorney) secured an agreement with the Department of Land Affairs to pay compensation of R43 300.00 in respect of the claim.
At a telephone conference with Ms Marupen (Nora Kepplerâs attorney) and Ms Behardien (from the office of the State Attorney, acting on behalf of the Department of Land Affairs) on 30 June 2003, it was agreed that I make the order as set out hereunder. It is ordered as follows: Compensation of R43 300.00 is awarded to Nora Keppler in respect of the dispossession of Lot 87, The Highlands. _______
JUDGE
A GILDENHUYS
At a telephone conference with Ms Marupen (Nora Kepplerâs attorney) and Ms Behardien (from the office of the State Attorney, acting on behalf of the Department of Land Affairs) on 30 June 2003, it was agreed that I make the order as set out hereunder.
It is ordered as follows:
Compensation of R43 300.00 is awarded to Nora Keppler in respect of the dispossession of Lot 87, The Highlands.
_______
JUDGE
A GILDENHUYS
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