Richtersveld Community and Others v Alexkor Ltd and Another (488/2001) [2003] ZASCA 14; [2003] 2 All SA 27 (SCA); 2003 (6) SA 104 (SCA); 2003 (6) BCLR 583 (SCA) (24 March 2003)

Richtersveld Community and Others v Alexkor Ltd and Another (488/2001) [2003] ZASCA 14; [2003] 2 All SA 27 (SCA); 2003 (6) SA 104 (SCA); 2003 (6) BCLR 583 (SCA) (24 March 2003)

The Supreme Court of Appeal found that the Richtersveld community possessed a customary law interest in the subject land, akin to ownership, which survived colonial annexation. The community's rights included exclusive beneficial occupation and use of the land and its minerals. The dispossession of these rights after 1913 was effected through a series of legislative and executive acts culminating in the transfer of land and mineral rights to Alexkor. The dispossession was the result of racially discriminatory practices, as the State failed to recognise and protect the community's rights due to their race and perceived lack of civilisation. The restrictive interpretation of the Land Claims...

Citation
[2003] ZASCA 14
Parties
Appellant: Richtersveld Community and Others; Respondent: Alexkor Limited; Respondent: Government of the Republic of South Africa
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
24 March 2003
Case Number
488/2001
Procedural Posture
Civil Appeal / Appeal From Land Claims Court
Outcome
Appeal upheld. The orders of the Land Claims Court are set aside and replaced.
Judges
Vivier, Harms, Scott, Farlam, Mthiyane
Legal Topics
Restitution of Land Rights Act, Customary Law Interest, Racially Discriminatory Practices, Indigenous Land Rights, Mineral Rights, Constitutional Property Rights
Land and Property Constitutional Law Civil Procedure Restitution of Land Rights Act Customary Law Interest Racially Discriminatory Practices Indigenous Land Rights Mineral Rights +1 more

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Parties

Richtersveld Community and Others

Appellant

Alexkor Limited

Respondent

Government of the Republic of South Africa

Respondent

Procedural Posture

Civil Appeal / Appeal From Land Claims Court

Legal Issues

  1. 1 Whether the Richtersveld community qualifies as a 'community' under the Restitution of Land Rights Act.
  2. 2 Whether the community possessed a 'right in land' as defined in the Act at the relevant date.
  3. 3 Whether the community was dispossessed of such right after 19 June 1913.

Ratio Decidendi

The Supreme Court of Appeal found that the Richtersveld community possessed a customary law interest in the subject land, akin to ownership, which survived colonial annexation. The community's rights included exclusive beneficial occupation and use of the land and its minerals. The dispossession of these rights after 1913 was effected through a series of legislative and executive acts culminating in the transfer of land and mineral rights to Alexkor. The dispossession was the result of racially discriminatory practices, as the State failed to recognise and protect the community's rights due to their race and perceived lack of civilisation. The restrictive interpretation of the Land Claims...

Court Disposition

Appeal upheld. The orders of the Land Claims Court are set aside and replaced.

Orders

  • It is declared that, subject to issues standing over for later determination, the first plaintiff is entitled in terms of section 2(1) of the Restitution of Land Rights Act 22 of 1994 to restitution of the right to exclusive beneficial occupation and use, akin to common law ownership, of the subject land (including...
  • The defendants are ordered jointly and severally to pay the plaintiffs' costs, including the costs of three counsel.