Makhuva-Mathebula Community v Regional Land Claims Commissioner; In re: Makhuva-Mathebula Land Claim (LCC74/2004)
Makhuva-Mathebula Community v Regional Land Claims Commissioner; In re: Makhuva-Mathebula Land Claim (LCC74/2004) [2018] ZALCC 10 (9 May 2018)
The court held that the applicant failed to demonstrate a reasonable prospect of success on appeal. The land claim form, together with its annexures, was considered the definitive source for identifying the properties subject to the claim. The court found that it is not its duty to interpret the claim form in a purposive manner or to add properties not expressly claimed. The Regional Land Claims Commissioner fulfilled his investigative obligations by seeking clarification regarding Lulekani and amending the gazette accordingly. The burden of identifying claimed land rests with the claimant, n…
Source excerpt
- Land Restitution
- Interpretation Of Claim Form
- Leave To Appeal Test
- Constitutional Rights In Land Claims
- Gazetting Of Land Claims
- Burden Of Identification