Tshakuma Community Trust and Another v Regional Land Claims Commissioner for the Province of Limpopo and Others (LCC194/2013) [2023] ZALCC 21 (11 July 2023)

Tshakuma Community Trust and Another v Regional Land Claims Commissioner for the Province of Limpopo and Others (LCC194/2013) [2023] ZALCC 21 (11 July 2023)

The court found that the RLCC committed a gross irregularity by investigating and approving a land claim that had already been merged and settled by agreement between the Tshakuma and Dombo Communities. Once the claims were merged and a trust established, the Dombo Community's claim ceased to exist as a separate dispute. The RLCC's subsequent acceptance and publication of the Dombo claim was irrational and contrary to the Restitution of Land Rights Act and constitutional principles of lawful administrative action. The settlement agreement remained binding and had not been set aside. The RLCC could not revive a dispute that had been resolved, and the same land could not be restored twice...

Citation
[2023] ZALCC 21
Parties
Applicant: Tshakuma Community Trust; Applicant: Mukandanglawo Wilbert Madzivhandila N.O.; Respondent: Regional Land Claims Commissioner for the Province of Limpopo; Respondent: Chief Land Claims Commissioner; Respondent: Minister of the Department of Rural Development & Land Reform; Respondent: The Dombo Community; Respondent: Martin John Dombo N.O.; Respondent: Ratshilumela John Dombo N.O.
Court
Land Claims Court
Jurisdiction
South Africa
Judgment Date
11 July 2023
Case Number
LCC194/2013
Procedural Posture
Review Application / Judgment
Outcome
Application for review granted; RLCC's decisions to accept, approve, and publish the Dombo Community claim set aside.
Judges
Ncube
Legal Topics
Restitution of Land Rights Act, Review of Administrative Action, Settlement Agreement, Gazetting of Land Claim, Merger of Land Claims
Land and Property Administrative Law Restitution of Land Rights Act Review of Administrative Action Settlement Agreement Gazetting of Land Claim Merger of Land Claims

Case Brief

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Parties

Tshakuma Community Trust

Applicant

Mukandanglawo Wilbert Madzivhandila N.O.

Applicant

Regional Land Claims Commissioner for the Province of Limpopo

Respondent

Chief Land Claims Commissioner

Respondent

Minister of the Department of Rural Development & Land Reform

Respondent

The Dombo Community

Respondent

Martin John Dombo N.O.

Respondent

Ratshilumela John Dombo N.O.

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the Regional Land Claims Commissioner's decision to accept and approve the Dombo Community land claim after a prior merger agreement is reviewable.
  2. 2 Whether the decision was valid, rational, and in accordance with statutory and constitutional prescripts.
  3. 3 What is the legal status and effect of the settlement agreement merging the Dombo and Tshakuma Community claims.

Ratio Decidendi

The court found that the RLCC committed a gross irregularity by investigating and approving a land claim that had already been merged and settled by agreement between the Tshakuma and Dombo Communities. Once the claims were merged and a trust established, the Dombo Community's claim ceased to exist as a separate dispute. The RLCC's subsequent acceptance and publication of the Dombo claim was irrational and contrary to the Restitution of Land Rights Act and constitutional principles of lawful administrative action. The settlement agreement remained binding and had not been set aside. The RLCC could not revive a dispute that had been resolved, and the same land could not be restored twice...

Court Disposition

Application for review granted; RLCC's decisions to accept, approve, and publish the Dombo Community claim set aside.

Orders

  • The decision of the Regional Land Claims Commissioner, Limpopo to accept and approve the recommendation of Miss Ratitshanga, contained in her report dated 14 September 2012 is reviewed and set aside.
  • The decision of the Regional Land Claims Commissioner, Limpopo to cause publication of the Dombo Community Claim in Notice No 899 of 2012, contained in Government Gazette No 35831 of 2 November 2012 is reviewed and set aside.