South Africa Case Law

Ramorula Community and Another v Regional Land Claims Commissioner, Limpopo and Others (LCC46/2010)

Ramorula Community and Another v Regional Land Claims Commissioner, Limpopo and Others (LCC46/2010) [2023] ZALCC 16 (31 May 2023)

Court

Land Claims Court

Case number

LCC46/2010

Judges

Ncube, Prof. Luthuli, S

The court found that the plaintiffs failed to prove the existence of a community as defined in the Restitution of Land Rights Act at the time of dispossession or claim. The evidence, including expert testimony and aerial photographs, established that black people settled on Klipplaatdrift as labour tenants from 1920, and dispossession occurred only in respect of Portion 9. The rights of labour tenants were determined by the landowners, not by shared community rules. The restoration of Portion 9 settled the claim, and the extension to other portions was unfounded. The conduct of the Regional L…

Source excerpt

• Restitution Of Land Rights Act
• Community Land Claims
• Labour Tenancy
• Costs Award Against State
• Expert Evidence
• Dispossession Due To Racial Laws

Ga Mabohlatjana Community v Capricorn District Municipality and Others (LLC48/20138)

Ga Mabohlatjana Community v Capricorn District Municipality and Others (LLC48/20138) [2021] ZALCC 31 (5 July 2021)

Court

Land Claims Court

Case number

LLC48/2013B

Judge

SJ Cowen

The Land Claims Court dismissed a restitution application, finding that a 2004 letter did not amount to a binding award of land under section 42D.

• Restitution Of Land Rights Act
• Section 42d Agreements
• Delegation Of Powers
• Community Land Claims
• Administrative Action
• Authority Of Applicant

Farao and Another v Regional Land Claims Commissioner and Others (LCC137/2019)

Farao and Another v Regional Land Claims Commissioner and Others (LCC137/2019) [2020] ZALCC 16 (6 November 2020)

Court

Land Claims Court

Case number

LCC137/2019

Judge

Spilg

The Land Claims Court set aside an urgent interdict seeking to halt a settlement order over Meideberg farm, finding the applicants lacked locus standi and the claim was not shown to trigger section 11(7) protection.

• Restitution Of Land Rights Act
• Interim Interdict
• Locus Standi
• Community Land Claims
• Invalidity Of Legislation
• Urgent Relief

Trustees of the Manyeleti Conservation Trust and Another v Minister of Rural Development and Land Reform and Others (LCC100/2011)

Trustees of the Manyeleti Conservation Trust and Another v Minister of Rural Development and Land Reform and Others (LCC100/2011) [2017] ZALCC 21 (17 November 2017)

Court

Land Claims Court

Case number

LCC 100/2011

Judge

MP Canca

The court held that suspensive conditions in a land restitution settlement were not fulfilled, so the agreement had not come into force and effect.

• Restitution Of Land Rights Act
• Community Land Claims
• Verification Of Claimants
• Settlement Agreement Enforceability
• Suspensive Conditions
• Trust Management

Silinda N.O. and Others v Makhubela and Others (57206/2010)

Silinda N.O. and Others v Makhubela and Others (57206/2010) [2017] ZAGPPHC 1194 (16 November 2017)

Court

North Gauteng High Court, Pretoria

Case number

57206/2010

Judge

Makgoka

The court refused to confirm a disputed beneficiary list for restituted land, ordered a fresh verification by Dr Fischer, and amended the trust deed.

• Restitution Of Land Rights Act
• Trust Beneficiary Verification
• Amendment Of Trust Deed
• Community Land Claims
• Dispute Resolution Mechanisms
• Contempt Of Court

Isizwe Sakwa Dludla (Dludla Tribe) v Regional Land Claims Commissioner, KwaZulu-Natal and Others (LCC03/2009)

Isizwe Sakwa Dludla (Dludla Tribe) v Regional Land Claims Commissioner, KwaZulu-Natal and Others (LCC03/2009) [2017] ZALCC 9 (12 June 2017)

Court

Land Claims Court

Case number

LCC 03/2009

Judges

Bertelsmann, Canca

The Land Claims Court reviewed and set aside the exclusion of Melmoth from a land restitution claim, and ordered the claim to be processed as validly lodged.

• Restitution Of Land Rights Act
• Community Land Claims
• Gazetting Of Land Claims
• Judicial Review Of Administrative Action
• Separation Of Issues
• Costs Orders Against State

Mazizini Community and Others v Emfuleni Resorts (Pty) Limited and Others (LCC23/2007)

Mazizini Community and Others v Emfuleni Resorts (Pty) Limited and Others (LCC23/2007) [2016] ZALCC 15 (13 September 2016)

Court

Land Claims Court

Case number

LCC 23/2007

Judges

YS Meer, H Barnes, R Mqeke

The Land Claims Court dismissed an application for leave to appeal against an interlocutory ruling, holding that the appeal would not resolve the real issues and that no prospects of success were shown.

• Leave To Appeal
• Interlocutory Application
• Costs Award
• Community Land Claims
• Leave-to-appeal
• Interlocutory-application

Pegma 27 Investment (Pty) Ltd and Another v Regional Land Claims Commissioner, Kwazulu-Natal and Others (LCC 07/2009)

Pegma 27 Investment (Pty) Ltd and Another v Regional Land Claims Commissioner, Kwazulu-Natal and Others (LCC 07/2009) [2010] ZALCC 27 (13 September 2010)

Court

Land Claims Court

Case number

LCC 07/2009

Judge

T.M Ncube

The Land Claims Court dismissed a review of the RLCC’s decision to accept and publish a community land claim affecting the applicants’ properties.

• Restitution Of Land Rights Act
• Judicial Review
• Community Land Claims
• Rationality Of Administrative Action
• Judicial-review
• Restoration-of-land-rights

Bouvest 2173 CC and Others v Commission on Restitution of Land Rights and Others (LCC68/2006)

Bouvest 2173 CC and Others v Commission on Restitution of Land Rights and Others (LCC68/2006) [2007] ZALCC 7 (7 May 2007)

Court

Land Claims Court

Case number

LCC68/2006

Judge

Gildenhuys

The Court found that the Motse community did not exist at the time of dispossession or claim lodgement, and that the claims published in the Government Gazette included farms not claimed by the third, fourth, and fifth respondents. The decision to accept and publish the Motse community claim was not rationally connected to the information before the Commissioner and was not authorised by the Restitution of Land Rights Act. The applicants' review application was brought within the prescribed period after exhausting internal remedies. The Court held that the first and second respondents were no…

Source excerpt

• Restitution Of Land Rights Act
• Administrative Review
• Community Land Claims
• Rationality Test
• Merger Of Claims

Minaar NO v Regional Land Claims Commissioner for Mpumalanga and Others (LCC42/06)

Minaar NO v Regional Land Claims Commissioner for Mpumalanga and Others (LCC42/06) [2006] ZALCC 12 (8 December 2006)

Court

Land Claims Court

Case number

LCC42/06

Judge

Gildenhuys

The Land Claims Court set aside the Commissioner’s publication of a land claim as a community claim for the whole farm, limiting it to portion 4 for the Nkosi family.

• Restitution Of Land Rights Act
• Administrative Action Review
• Ultra Vires Decision
• Rationality
• Community Land Claims
• Administrative-action-review