Mayibuye I-Cremin Committee Re: Sub 121 of Farm Trekboer, District of Klip River KwaZulu-Natal commonly known as "Cremin" (LCC28/96)
Mayibuye I-Cremin Committee Re: Sub 121 of Farm Trekboer, District of Klip River KwaZulu-Natal commonly known as "Cremin" (LCC28/96) [1997] ZALCC 8 (21 November 1997)
The Court held that the term 'direct descendant' in the Restitution of Land Rights Act must be given its ordinary meaning, which refers to blood relations in the descending line—children, grandchildren, and more remote descendants. Collateral relatives such as brothers, sisters, nephews, and nieces are excluded from this definition and cannot sustain a claim for restitution. The Court rejected the argument that the term should be interpreted to include intestate heirs or collateral relatives, finding that such an interpretation would require amending the legislation, which is not justified by…
Source excerpt
- Restitution Of Land Rights Act
- Definition Of Direct Descendant
- Expropriation
- Customary Law Of Succession
- Joint Ownership
- Statutory Interpretation