South Africa Case Law

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

Reuben v Commission for Conciliation, Mediation and Arbitration and Others (343/09, 344/09)

Reuben v Commission for Conciliation, Mediation and Arbitration and Others (343/09, 344/09) [2010] ZALC 105; (2010) 31 ILJ 2980 (LC) (22 June 2010)

Court

Labour Court

Case number

J343/09 and 344/09

Judge

Bhoola

The Labour Court consolidated two BCEA claims, granted condonation, dismissed the employee’s claims, upheld the respondent’s counter-claim, and ordered personal costs against the applicant’s former attorneys.

• Basic Conditions Of Employment Act
• Condonation
• Costs De Boniis Propriis
• Consolidation Of Claims
• Travel Expenses
• Particulars Of Employment

Solave v Commission for Conciliation Mediation and Arbitration and Others (J343/09, 344/09)

Solave v Commission for Conciliation Mediation and Arbitration and Others (J343/09, 344/09) [2010] ZALC 286 (30 May 2010)

Court

Labour Court

Case number

J343/09, 344/09

Judge

Bhoola

The Labour Court consolidated two BCEA claims, granted condonation for a late answering affidavit, dismissed the applicant’s claims, and upheld a R3,358 counter-claim.

• Basic Conditions Of Employment Act
• Condonation
• Costs De Boniis Propriis
• Consolidation Of Claims
• Travel Expenses
• Particulars Of Employment