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South Africa decisions
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Mabaso and Others v Goble N.O. and Others (LCC219/2015) [2023] ZALCC 3 (16 February 2023)
The Land Claims Court dismissed a labour tenant land-claim action after finding no valid section 16 application by the plaintiff or her late brother.
Adendorff N O and Another v Kubheka and Another (463/2020) [2022] ZASCA 29 (24 March 2022)
The Supreme Court of Appeal confirmed Kubheka as a labour tenant, rejected the farmworker defence, and dismissed the appeal while directing a compensation process.
Kubheka v Adendorf and Others (LCC140/2010) [2019] ZALCC 9; [2019] 3 All SA 566 (LCC) (29 April 2019)
The court held that Mr Kubheka was a labour tenant and had timeously applied for land under the Act, awarding him the portion occupied and used on 2 June 1995.
Msiza and Others v Uys and Others (LCC39/01) [2004] ZALCC 21; 2005 (2) SA 456 (LCC); [2005] 1 All SA 177 (LCC) (16 November 2004)
The court found that the deceased's claim for land was valid despite the initial misnaming of the farm, as the evidence showed the intention was always to claim Rondebosch, and the defendants were aware of the land in question. The court held that it had the power to condone and rectify such administrative errors. The deceased was found to be a labour tenant, as his rights to reside, crop, and graze on Rondebosch far exceeded his cash remuneration, and these rights were exercised in consideration of labour provided. The extent of the land awarded included the homestead, four parcels of croppi…
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