Van der Merwe v Commission on Restitution of Land Rights and Others (LCC183/2016) [2019] ZALCC 21 (29 January 2019)

Van der Merwe v Commission on Restitution of Land Rights and Others (LCC183/2016) [2019] ZALCC 21 (29 January 2019)

The court found that the applicant's assertion regarding his family's lifestyle did not establish a causal link between their removal and a racial practice. The objective evidence indicated that the removal was for the preservation of the property as a forest reserve. The Third Respondent's decision was found to be reasonable and rational, meeting the requirements of the Promotion of Administrative Justice Act. Consequently, there were no reasonable prospects of success on appeal.

Citation
[2019] ZALCC 21
Parties
Applicant: Jacobs Willem van der Merwe; Respondent: Commission on Restitution of Land Rights; Respondent: Regional Land Claims Commissioner: Western Cape Province; Respondent: Minister of Rural Development and Land Reform; Respondent: Minister of Public Works
Court
Land Claims Court
Jurisdiction
South Africa
Judgment Date
29 January 2019
Case Number
LCC 183/2016
Procedural Posture
Leave to Appeal / Application for Leave to Appeal to Supreme Court of Appeal
Outcome
Application for leave to appeal dismissed.
Judges
Y S Meer
Legal Topics
Restitution of Land Rights, Promotion of Administrative Justice Act, Review of Administrative Action, Causal Link in Removal
Land and Property Administrative Law Restitution of Land Rights Promotion of Administrative Justice Act Review of Administrative Action Causal Link in Removal

Case Brief

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Parties

Jacobs Willem van der Merwe

Applicant

Commission on Restitution of Land Rights

Respondent

Regional Land Claims Commissioner: Western Cape Province

Respondent

Minister of Rural Development and Land Reform

Respondent

Minister of Public Works

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the applicant's removal was caused by a racial practice or by the preservation of the property for a forest reserve.
  2. 2 Whether the decision of the Third Respondent was reasonable and rational under the Promotion of Administrative Justice Act.
  3. 3 Whether there are reasonable prospects of success on appeal.

Ratio Decidendi

The court found that the applicant's assertion regarding his family's lifestyle did not establish a causal link between their removal and a racial practice. The objective evidence indicated that the removal was for the preservation of the property as a forest reserve. The Third Respondent's decision was found to be reasonable and rational, meeting the requirements of the Promotion of Administrative Justice Act. Consequently, there were no reasonable prospects of success on appeal.

Court Disposition

Application for leave to appeal dismissed.

Orders

  • The application for leave to appeal is dismissed.
  • There is no order as to costs.