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South Africa Case Law

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Land And Property [2024] ZALCC 38

Sadien NO and Others v Sadien and Others (LCC26/10)

Sadien NO and Others v Sadien and Others (LCC26/10) [2024] ZALCC 38 (1 November 2024)

The Court held that the intervening parties are entitled to be substituted as claimants under the original restitution orders because the evidence demonstrates that the original applicants acted in a representative capacity for the Sadien family, and the orders were intended to benefit the family as a whole. The Commission processed the claim as a consolidated family claim, and all relevant parties except SARDA consented to the relief. SARDA lacks standing to oppose the intervention or seek rescission or variation of the orders, as its interest is limited to compensation, per the Constitution…

  • Restitution Of Land Rights Act
  • Family Land Claims
  • Variation Of Court Orders
  • Standing And Intervention
  • Compensation For Land Dispossession
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Land And Property [2023] ZALCC 11

Bisset v Minister of the Department of Rural Development and Land Reform and Others (LCC171/2021)

Bisset v Minister of the Department of Rural Development and Land Reform and Others (LCC171/2021) [2023] ZALCC 11 (31 March 2023)

The Court found that the Commissioner failed to consider relevant non-financial factors, specifically the history and hardship of dispossession, when determining compensation for the applicant's land claim. This omission constituted a material mistake of fact and a failure to consider relevant considerations under section 6(2)(e)(iii) of PAJA. The Court held that both financial and non-financial factors listed in section 33 of the Restitution of Land Rights Act must be considered in compensation determinations. The applicant's delay in instituting review proceedings was excessive and poorly e…

  • Restitution Of Land Rights Act
  • Judicial Review Under Paja
  • Condonation Of Delay
  • Compensation For Land Dispossession
  • Relevant Considerations In Administrative Action
  • Constitutional Rights Of Land Claimants
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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.