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South Africa decisions
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Lisbon Developments (Pty) Ltd and Others v Mhlongo and Others (Leave to Appeal) (1904/2023) [2025] ZAMPMBHC 64 (28 July 2025)
The High Court granted leave to appeal in a land and trust dispute concerning a community-owned trust, finding compelling reasons under section 17(1)(a)(iii).
Umcebo Properties (Pty) Limited and Another v Mokwena and Others (5526/19) [2020] ZAMPMHC 31 (22 July 2020)
The applicants established a clear right to Portion 14 as registered owner and lessee, supported by written donation and lease agreements that exclude Portion 14 from the land donated to the respondents. The respondents' occupation and use of Portion 14 for grazing and construction of a kraal constituted unlawful dispossession of the second applicant, satisfying the requirements for spoliatory relief. The respondents failed to prove any lawful entitlement under the Land Reform (Labour Tenants) Act or the Extension of Security of Tenure Act, as they did not reside on Portion 14 nor provide lab…
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Coal of Africa Limited v Nekuvule (64389/2014) [2018] ZAGPPHC 708 (12 February 2018)
The court found that Coal of Africa Limited had established a bona fide dispute of fact regarding whether Mr Nekuvule had authority to represent the Kuvule Community in the main application. The purported authorisation was challenged by affidavits from community members denying attendance and signatures. The respondent's reliance on a previous Land Claims Court order and his status as Headman was insufficient to prove authority for this specific litigation. The court distinguished the Hlaneki case, noting that no statutory certificate or equivalent document was provided here. Given the unreso…
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Ndouvhada v Machaka Traditional Council and Others (50832/14) [2015] ZAGPPHC 862 (14 August 2015)
The court confirmed an interim interdict, invalidated a later tribal resolution, upheld an earlier land-sale resolution, and ordered transfer of the property.
Ngishe v Sontundu and Others (380/2013) [2014] ZAECMHC 20 (27 May 2014)
The court found that the applicant failed to establish locus standi and did not provide sufficient evidence or authority to bring the application. The founding papers lacked particularity and did not make out a prima facie case for the relief sought. The applicant did not demonstrate that he had exhausted domestic remedies, nor did he establish the requisites for a final interdict. Furthermore, unresolved prior litigation and the absence of full disclosure undermined the applicant's position. The application was incapable of resolution on the papers and was dismissed with costs.
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Department of Land Affairs and Others v Goedgelegen Tropical Fruits (Pty) Ltd (CCT69/06) [2007] ZACC 12; 2007 (10) BCLR 1027 (CC) ; 2007 (6) SA 199 (CC) (6 June 2007)
The Constitutional Court held that the individual applicants were dispossessed of rights in land after 19 June 1913 as a result of a grid of racially discriminatory laws and practices, including the Natives Land Act of 1913, the Native Trust and Land Act of 1936, and the Bantu Laws Amendment Act of 1964. These laws systematically stripped black people of land rights and enabled white farmers to terminate labour tenancies without compensation. The Court found that the causal connection required by the Restitution Act is satisfied if the dispossession was permitted, aided, or encouraged by such…
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Haakdoornbult Boerdery CC and Others v Mphela and Ohers (553/05) [2007] ZASCA 69; 2008 (7) BCLR 704 (SCA); 2007 (5) SA 596 (SCA) (30 May 2007)
The Supreme Court of Appeal held that the claimants were dispossessed of rights in land due to racially discriminatory laws and practices, and that their claim for restitution was not barred by s 2(2) of the Restitution of Land Rights Act, as the compensation received did not fully recompense the loss suffered, including emotional and cultural factors. However, the court found that restoration of the entire farm would result in substantial over-compensation, given the market-related compensation and acquisition of Pylkop. The court ordered restoration of three of the four portions of the subd…
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Prinsloo v Ndebele-Ndzundza Community and Others (106/2004) [2005] ZASCA 59; [2005] 3 All SA 528 (SCA); 2005 (6) SA 144 (SCA) (31 May 2005)
The Supreme Court of Appeal held that the claimants constituted a community within the meaning of the Restitution of Land Rights Act, having occupied and used the farm for nearly fifty years under tribal authority and shared customs. The community held rights in land as contemplated by the Act, including use, control, and possession, despite the existence of registered title and the payment of rent. The relocation of the community to Goedgedacht in 1939 constituted dispossession of their rights in land due to racially discriminatory practices, even though there was no physical coercion. The c…
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