Ngcobo and Another v Van Rensburg and Others (LCC18/97)
Ngcobo and Another v Van Rensburg and Others (LCC18/97) [1997] ZALCC 9 (4 December 1997)
The court held that the term 'direct descendant' in the Restitution of Land Rights Act should be interpreted broadly, in line with constitutional principles of equality and the purpose of the Act to redress past injustices. While customary law of succession is patrilineal, the Constitution requires that statutory interpretation promote equality and non-discrimination. The applicants, as descendants of the dispossessed landowners, qualify for restitution under the Act. However, the court also considered whether restoration of the land would be just and equitable, taking into account the curren…
Source excerpt
- Restitution Of Land Rights
- Direct Descendant Definition
- Customary Law Of Succession
- Equality Rights
- Interpretation Of Statutes