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South Africa Case Law

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Land And Property [2022] ZALCC 22

SAPPI Southern Africa Ltd and Another v Regional Land Claims Commissioner Mpumalanga and Others: In re: Ngodwana Community and/or group of individuals v SAPPI Southern Africa Limited and Another (LCC105/2020)

SAPPI Southern Africa Ltd and Another v Regional Land Claims Commissioner Mpumalanga and Others: In re: Ngodwana Community and/or group of individuals v SAPPI Southern Africa Limited and Another (LCC105/2020) [2022] ZALCC 22 (26 October 2022)

Court
Land Claims Court
Case number
LCC105/2020
Judge
Ncube

The court held that the Restitution of Land Rights Act does not provide for the consolidation of individual claims into a community claim. The requirements and procedures for lodging individual and community claims are distinct and cannot be reconciled. The intention of the claimants, as reflected in their claim forms, must be respected, and neither the Regional Land Claims Commissioner nor the claimants themselves are entitled to convert individual claims into a community claim. The community must have existed at the time of dispossession and must have lost rights in land held in common. As…

Source excerpt

  • Restitution Of Land Rights Act
  • Community Vs Individual Claims
  • Consolidation Of Claims
  • Costs Award Practice
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Land And Property [2010] ZALCC 26

Makhukhuza Community Claimants (LCC 04/2009)

Makhukhuza Community Claimants (LCC 04/2009) [2010] ZALCC 26 (18 November 2010)

Court
Land Claims Court
Case number
LCC 04/2009
Judges
Meer, Ncube, B. Padayachi

The court found that the RLCC incorrectly categorized the Plaintiff's claim as a community claim, despite its own investigation indicating that the dispossessed persons were labour tenants with individual rights. The RLCC failed to conduct a proper investigation, did not heed evidence from title deeds showing private ownership since 1852, and did not perform a deeds office search. The investigation was superficial and cursory, resulting in the Defendants' farms being encumbered for years. However, the court did not find willful neglect or vexatious conduct by the RLCC, and thus declined to aw…

Source excerpt

  • Restitution Of Land Rights Act
  • Costs Award Against State
  • Community Vs Individual Claims
  • Investigation Of Land Claims
  • Labour Tenancy
  • Constitutional Litigation Costs
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.