Emakhasaneni Community v Minister of Rural Development and Land Reform and Others; Entembeni Community v Minister of Rural Development and land Reform and Others; Mthonjaneni Community v Minister of Rural Development and Land Reform and Others (LCC03/2009; LCC230/2009; LCC201/2013) [2019] ZALCC 30 (17 May 2019)

Emakhasaneni Community v Minister of Rural Development and Land Reform and Others; Entembeni Community v Minister of Rural Development and land Reform and Others; Mthonjaneni Community v Minister of Rural Development and Land Reform and Others (LCC03/2009; LCC230/2009; LCC201/2013) [2019] ZALCC 30 (17 May 2019)

The Court found that the Ingonyama Trust was not entitled in law to have land awarded to the claimant communities transferred into its name, as it was not a claimant under the Restitution of Land Rights Act and was not established by the communities to administer the land on their behalf. The matter was a legal issue and did not require further evidence. The Court was entitled to rely on unsigned Minutes as there was no dispute as to their accuracy, and the Trust itself had relied on similar unsigned Minutes. The costs order against the Trust was justified and not based merely on its objection to relief sought. The Trust failed to meet the threshold for leave to appeal under section 17(1)...

Citation
[2019] ZALCC 30
Parties
Applicant: Emakhasaneni Community; Applicant: Entembeni Community; Applicant: Mthonjaneni Community; Respondent: Minister of Rural Development and Land Reform; Respondent: Regional Land Claims Commissioner, KwaZulu-Natal; Respondent: Ingonyama Trust; Respondent: Landowner Defendants; Respondent: Sappi Limited & Mondi Limited; Respondent: lsizwe Sakwa Dludla Community; Respondent: Royal House
Court
Land Claims Court
Jurisdiction
South Africa
Judgment Date
17 May 2019
Case Number
LCC03/2009; LCC230/2009; LCC201/2013
Procedural Posture
Leave to Appeal / Application for Leave to Appeal to the Supreme Court of Appeal
Outcome
Application for leave to appeal dismissed with costs.
Judges
MP Canca, EJ Sibeko
Legal Topics
Restitution of Land Rights Act, Leave to Appeal Test, Joinder of Parties, Communal Property Association, Costs Award
Land and Property Civil Procedure Restitution of Land Rights Act Leave to Appeal Test Joinder of Parties Communal Property Association Costs Award

Case Brief

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Parties

Emakhasaneni Community

Applicant

Entembeni Community

Applicant

Mthonjaneni Community

Applicant

Minister of Rural Development and Land Reform

Respondent

Regional Land Claims Commissioner, KwaZulu-Natal

Respondent

Ingonyama Trust

Respondent

Landowner Defendants

Respondent

Sappi Limited & Mondi Limited

Respondent

lsizwe Sakwa Dludla Community

Respondent

Royal House

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal to the Supreme Court of Appeal

Legal Issues

  1. 1 Whether the Ingonyama Trust is entitled in law to have land awarded to claimant communities transferred into its name.
  2. 2 Whether the matter required evidence or could be decided as a legal point in limine.
  3. 3 Whether the Court misdirected itself in adjudicating the manner in which the rights of the communities are to be held.

Ratio Decidendi

The Court found that the Ingonyama Trust was not entitled in law to have land awarded to the claimant communities transferred into its name, as it was not a claimant under the Restitution of Land Rights Act and was not established by the communities to administer the land on their behalf. The matter was a legal issue and did not require further evidence. The Court was entitled to rely on unsigned Minutes as there was no dispute as to their accuracy, and the Trust itself had relied on similar unsigned Minutes. The costs order against the Trust was justified and not based merely on its objection to relief sought. The Trust failed to meet the threshold for leave to appeal under section 17(1)...

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • The application for leave to appeal is dismissed with costs.