South Africa Case Law

Ramorula Community and Another v Regional Land Claims Commissioner, Limpopo and Others (LCC46/2010)

Ramorula Community and Another v Regional Land Claims Commissioner, Limpopo and Others (LCC46/2010) [2023] ZALCC 16 (31 May 2023)

Court

Land Claims Court

Case number

LCC46/2010

Judges

Ncube, Prof. Luthuli, S

The court found that the plaintiffs failed to prove the existence of a community as defined in the Restitution of Land Rights Act at the time of dispossession or claim. The evidence, including expert testimony and aerial photographs, established that black people settled on Klipplaatdrift as labour tenants from 1920, and dispossession occurred only in respect of Portion 9. The rights of labour tenants were determined by the landowners, not by shared community rules. The restoration of Portion 9 settled the claim, and the extension to other portions was unfounded. The conduct of the Regional L…

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• Restitution Of Land Rights Act
• Community Land Claims
• Labour Tenancy
• Costs Award Against State
• Expert Evidence
• Dispossession Due To Racial Laws

Hilton Community v Minister of Agriculture, Land Reform and Rural Development and Others (LCC72/2020)

Hilton Community v Minister of Agriculture, Land Reform and Rural Development and Others (LCC72/2020) [2023] ZALCC 15 (18 May 2023)

Court

Land Claims Court

Case number

LCC72/2020

Judges

Y S Meer, S S Luthuli, A Andrews

The Court found that there was no evidence that a community, as defined in the Restitution of Land Rights Act, resided on or was dispossessed from the claimed land. The claim originated from Ms Ngcobo, who was removed from land elsewhere, not the subject properties. The inspection in loco and witness statements confirmed that neither the Plaintiff nor the Fourth Defendant met the statutory definition of a community with rights in the claimed land. The expert report and aerial photographs did not support community occupation. Consequently, the claim for restitution was dismissed. Regarding cos…

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• Restitution Of Land Rights Act
• Community Definition
• Costs Award Against State
• Inspection In Loco
• Constitutional Litigation
• Expert Evidence

Radebe v Minister of Rural Development and Land Reform and Others (LCC73/2020)

Radebe v Minister of Rural Development and Land Reform and Others (LCC73/2020) [2022] ZALCC 46 (21 September 2022)

Court

Land Claims Court

Case number

LCC73/2020

Judges

Y S Meer, N Muvangua

The Land Claims Court awarded costs to the second defendant after it substantially succeeded in opposing a land claim that settled for monetary compensation.

• Restitution Of Land Rights Act
• Costs Award Against State
• Constitutional Litigation
• Declaratory Relief
• Expert Witness Fees
• Land-claims-court

Kromkrans Community and Others v Government of the Republic of South Africa and Others (LCC20/2016)

Kromkrans Community and Others v Government of the Republic of South Africa and Others (LCC20/2016) [2018] ZALCC 3 (13 February 2018)

Court

Land Claims Court

Case number

LCC 20/2016

Judge

Barnes

The Land Claims Court enforced a section 42D settlement, dismissed a delayed review by the State, and ordered transfer of land and registration of the CPA.

• Restitution Of Land Rights Act
• Specific Performance
• Unreasonable Delay
• Community Land Claim
• Ministerial Discretion
• Costs Award Against State

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…

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

Appollis v Correctional Supervision and Parole Review Board and Others (CA171/09)

Appollis v Correctional Supervision and Parole Review Board and Others (CA171/09) [2010] ZAECGHC 1 (14 January 2010)

Court

Eastern Cape High Court, Grahamstown

Case number

CA171/09

Judges

C. Plasket, F. Kroon, J. Nepgen

The court held that the appellant was not entitled to challenge the referral of the parole decision to the Parole Review Board, as no relief was sought in the notice of motion and the issue was res judicata. The Parole Review Board had taken a decision to set aside the granting of parole, and the appellant was furnished with the decision and reasons, albeit only in the answering papers. The statutory requirement under section 77(2) of the Correctional Services Act and section 33(2) of the Constitution mandates that written reasons be provided to the affected person. The respondents failed to…

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• Parole Review
• Written Reasons For Administrative Action
• Res Judicata
• Costs Award Against State
• Constitutional Right To Just Administrative Action