van der Merwe v Commission on Restitution of Land Rights and Others (LCC183/2016) [2019] ZALCC 19 (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 racial practices. Instead, the objective evidence indicated that the removal was effected for the preservation of the property as a forest reserve. The Third Respondent's decision...
Source-derived case information.
- Citation
- [2019] ZALCC 19
- Parties
- Applicant: Jacobus Willem van der Merwe; Respondent: Commission on Restitution of Land Rights; Respondent: Chief Land Claims Commissioner; 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
- Case Number
- LCC 183/2016
- Procedural Posture
- Leave to Appeal / Application for Leave to Appeal Following Dismissal of Review Application
- Outcome
- Application for leave to appeal dismissed.
- Judges
- Meer
- Legal Topics
- Review of Administrative Action, Promotion of Administrative Justice Act, Land Restitution, Rationality of Decision
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Jacobus Willem van der Merwe
Applicant
Commission on Restitution of Land Rights
Respondent
Chief Land Claims Commissioner
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 Following Dismissal of Review Application
Legal Issues
- 1 Whether the applicant has reasonable prospects of success on appeal against the dismissal of his review application.
- 2 Whether the decision of the Third Respondent was rational and reasonable under the Promotion of Administrative Justice Act.
- 3 Whether the applicant's family's lifestyle constituted evidence of racially motivated removal.
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 racial practices. Instead, the objective evidence indicated that the removal was effected for the preservation of the property as a forest reserve. The Third Respondent's decision was deemed reasonable and rational under the Promotion of Administrative Justice Act. The court concluded that there were no reasonable prospects of success on appeal, as another court would not likely reach a different conclusion.
Court Disposition
Application for leave to appeal dismissed.
Orders
- The application for leave to appeal is dismissed.
- There is no order as to costs.
Full Case Text
Judgment text and source record
31 paragraphs
IN THE LAND CLAIMS COURT OFSOUTH AFRICA
HELD AT RANDBURG
CASE NO: LCC 183/2016
Before: The Honourable Acting Judge President Meer
Delivered:29 January 2019
In the matter between:
JACOBUS WILLEM VAN DER MERWE Applicant
And
THE COMMISSION ON RESTITUTION
OF LAND RIGHTS First Respondent
THE CHIEF LAND CLAIMS COMMISSIONER
Second Respondent
THE REGIONAL LAND CLAIMS
COMMISSIONER: WESTERN CAPE PROVINCE Third
Respondent
THE MINISTER OF RURAL DEVELOPMENT
AND LAND REFORM Fourth Respondent
THE MINISTER OF PUBLIC WORKS Fifth
Respondent
JUDGMENT DELIVERED 29 JANUARY 2019
MEER AJP.
[1] The Applicant applies for leave to appeal against the whole of my judgment and order dated 12 December 2018 in which the application by the Applicant for the review and setting aside of a decision by the Third Respondent was dismissed. Leave to Appeal is sought to the Supreme Court of Appeal.
[2] The grounds upon which leave to appeal is sought pertain to issues in respect of which reasonable findings are made in the judgment. It would therefore serve little purpose for me to traverse these here, save as to state as follows:
2.1 The fact that the Applicants' family might have followed a lifestyle in defiance of apartheid, a fact emphasised in this application, is in itself not evidence that the removal was caused by a racial practice. The objective evidence does not show a causal link between the removal and the said lifestyle. It shows a causal link between the removal and the preservation of the property fora forest reserve. The Applicant's contention about his family's lifestyle does not unsettle this causal link.
2.2 The decision of the Third Respondent was reasonable and rational in the light of the information placed before it, and passed muster under the sections of the Promotion of Administrative Justice Act 3 of 2000 referred to in this application.
[3] I have carefully considered the submissions of both counsel and I am of the view that another Court would not have come to a decision different to mine. This being so I find that there are no reasonable prospects of success on appeal.
[4] I accordingly follow as follows:
The application for leave to appeal is dismissed. In keeping with the practice of this court there is no order as to costs.
YSMEER
Acting Judge President
Land Claims Court