Block 17, Ga-Seaphole Community Development Committee and Others v P.M.E. Business Enterprise t/a Maake Farming and Others (1633/2015)
Block 17, Ga-Seaphole Community Development Committee and Others v P.M.E. Business Enterprise t/a Maake Farming and Others (1633/2015) [2018] ZALMPPHC 47 (3 September 2018)
The court found that the respondents are entitled to farm on the portion of land that belonged to the 2nd respondent's father, as this was allotted to the family and protected under IPILRA. However, the extension of the respondents' land was carried out without proper consultation with the community, contravening IPILRA. The PTO obtained by the respondents was declared null and void due to procedural irregularities, but not fraud. The applicants succeeded in obtaining a final interdict against the respondents in respect of the extended land, but not the original family land. Costs of the proc…
Source excerpt
- Informal Land Rights
- Permission To Occupy
- Customary Land Allocation
- Final Interdict
- Community Land Disputes
- Costs Order