Prinsloo v Ndebele-Ndzundza Community and Others (106/2004)
Prinsloo v Ndebele-Ndzundza Community and Others (106/2004) [2005] ZASCA 59; [2005] 3 All SA 528 (SCA); 2005 (6) SA 144 (SCA) (31 May 2005)
The Supreme Court of Appeal held that the claimants constituted a community within the meaning of the Restitution of Land Rights Act, having occupied and used the farm for nearly fifty years under tribal authority and shared customs. The community held rights in land as contemplated by the Act, including use, control, and possession, despite the existence of registered title and the payment of rent. The relocation of the community to Goedgedacht in 1939 constituted dispossession of their rights in land due to racially discriminatory practices, even though there was no physical coercion. The c…
Source excerpt
- Restitution Of Land Rights Act
- Community Land Rights
- Customary Law Interests
- Dispossession
- Just And Equitable Compensation