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South Africa Case Law

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Land And Property [2025] ZALCC 29

Singh obo Singh Family v Minister of Agriculture, Rural Development and Land Reform and Others (LCC79/2023)

Singh obo Singh Family v Minister of Agriculture, Rural Development and Land Reform and Others (LCC79/2023) [2025] ZALCC 29 (2 June 2025)

The Court found that the Singh family was dispossessed of their farms under the Group Areas Act, receiving compensation far below market value and suffering significant hardship. Credible evidence established that 156 hectares of Broughton were under irrigation at the time of dispossession, contrary to the Defendant's unreliable data. The Plaintiff's expert valuation, escalated using the Consumer Price Index and adjusted for solatium, was accepted, except for the inclusion of transfer duty, which was excluded as actual financial loss. Considering the stark discrepancy between historic and cur…

  • Restitution Of Land Rights Act
  • Just And Equitable Compensation
  • Group Areas Act Dispossession
  • Valuation Of Agricultural Land
  • Constitutional Redress
  • Expert Evidence
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Land And Property [2020] ZAECGHC 45

Herbert NO and Others v Senqu Municipality and Others (2457/2016)

Herbert NO and Others v Senqu Municipality and Others (2457/2016) [2020] ZAECGHC 45 (19 May 2020)

The court found that the Trust and its predecessors were not the targets of racially discriminatory legislation and did not suffer dispossession or denial of access to land. Instead, they benefited from the system, occupying land for profit and facilitating migrant labour. The purpose of the Upgrading Act, as established by Constitutional Court authority, is to provide secure tenure and redress to Africans disadvantaged by apartheid-era laws. The Trust does not fall within the class of persons for whom the Act was enacted. Accordingly, the Trust is not entitled to claim conversion of its perm…

  • Upgrading Of Land Tenure Rights Act
  • Constitutional Redress
  • Tenure Conversion
  • Discriminatory Legislation
  • Section 25 Property Rights
  • Equality Before Law
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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.