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South Africa Case Law

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Constitutional Law [2003] ZACC 18

Alexkor Ltd and Another v Richtersveld Community and Others (CCT19/03)

Alexkor Ltd and Another v Richtersveld Community and Others (CCT19/03) [2003] ZACC 18; 2004 (5) SA 460 (CC); 2003 (12) BCLR 1301 (CC) (14 October 2003)

Court
Constitutional Court
Case number
CCT 19/03
Judges
Chaskalson, Langa, Ackermann, Goldstone, Madala, Mokgoro, Ngcobo, O'Regan, Sachs, Yacoob

The Constitutional Court held that the Richtersveld Community possessed indigenous law ownership of the subject land, including minerals and precious stones, prior to annexation and that such rights survived annexation by the British Crown. The Court found that the Community was dispossessed of its rights after 19 June 1913 as a result of racially discriminatory laws and practices, specifically the Precious Stones Act and related proclamations, which failed to recognise indigenous law ownership and treated the land as state property. The differential treatment between registered owners and in…

Source excerpt

  • Restitution Of Land Rights Act
  • Indigenous Law Land Rights
  • Racially Discriminatory Laws
  • Customary Law Interest
  • Annexation And Sovereignty
  • Mineral Rights
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Land And Property [2003] ZASCA 14

Richtersveld Community and Others v Alexkor Ltd and Another (488/2001)

Richtersveld Community and Others v Alexkor Ltd and Another (488/2001) [2003] ZASCA 14; [2003] 2 All SA 27 (SCA); 2003 (6) SA 104 (SCA); 2003 (6) BCLR 583 (SCA) (24 March 2003)

Court
Supreme Court of Appeal
Case number
488/2001
Judges
Vivier, Harms, Scott, Farlam, Mthiyane

The Supreme Court of Appeal found that the Richtersveld community possessed a customary law interest in the subject land, akin to ownership, which survived colonial annexation. The community's rights included exclusive beneficial occupation and use of the land and its minerals. The dispossession of these rights after 1913 was effected through a series of legislative and executive acts culminating in the transfer of land and mineral rights to Alexkor. The dispossession was the result of racially discriminatory practices, as the State failed to recognise and protect the community's rights due t…

Source excerpt

  • Restitution Of Land Rights Act
  • Customary Law Interest
  • Racially Discriminatory Practices
  • Indigenous Land Rights
  • Mineral Rights
  • Constitutional Property Rights
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About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.