University of Venda v Mathivha and Others (684/2012)
University of Venda v Mathivha and Others (684/2012) [2015] ZALMPTHC 6 (3 September 2015)
The applicant established a substantive right to the land in question through donation and occupation, even though transfer had not yet been registered. The respondent's occupation and development of the land infringed the applicant's established right, and no permission was given to the respondent by the traditional authorities in terms of applicable legislation. The traditional authorities lacked statutory recognition and authority to allocate the land under the relevant legislative framework, and no expert evidence was provided to establish the customary law basis for the respondent's occu…
Source excerpt
- Final Interdict
- Customary Land Tenure
- Communal Land Rights
- Joinder Of Parties
- Trespass
- Absence Of Alternative Remedy