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South Africa decisions
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Neffex (Pty) Ltd and Another v Impala Platinum Holdings Ltd and Others (2024/095671) [2024] ZAGPPHC 1356 (31 December 2024)
The court granted partial urgent relief in a spoliation and warrant-execution dispute, staying the warrant and ordering production of the SAP 13 register.
The Court held that the Salem Community proved, on the balance of probabilities, that from at least 1878 a community of black people lived on the Salem Commonage under shared rules governing access and use, thereby holding rights in land in the form of customary law interests and beneficial occupation. Those rights were dispossessed when the 1940 court-authorised subdivision and subsequent 1947 transfer proceeded without consulting or accounting for the black inhabitants, in a racially discriminatory process. However, the Community’s rights were parallel to, and not exclusive of, the settlers…
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Lourens v Minister of Agriculture and Land Affairs and Another (LCC112/2009) [2017] ZALCC 19 (6 November 2017)
The Land Claims Court granted absolution from the instance in a compensation claim under the Restitution of Land Rights Act, finding no acceptable valuation evidence.
Hoogenboezem v Minister of Rural Development and Land Reform and Another (LCC 68/2005) [2013] ZALCC 5 (10 April 2013)
The court found that the plaintiff was dispossessed of rights in land under the Restitution of Land Rights Act due to the operation of a past racial law, the Development Trust and Land Act, which led to the forced sale of his farm for incorporation into the Lebowa Homeland. The sale was not voluntary and did not constitute just and equitable compensation. The State defendants conceded dispossession but sought to reserve costs. The court applied the Biowatch principle, holding that in constitutional litigation, the State should pay costs if it loses unless particularly powerful reasons exist n…
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Hlaneki and Others v Commission on Restitution of Land Rights and Others (LCC43/02) [2005] ZALCC 6; [2006] 1 All SA 633 (LCC) (9 September 2005)
The Land Claims Court reviewed and set aside the dismissal of a Hlaneki Tribe land claim, holding that the claim substantially complied with section 10(3) and required further investigation.
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…
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Pillay and Others (LCC1/99) [2004] ZALCC 16 (13 September 2004)
The Land Claims Court held that Mr Pillay’s 1958 sale of land in Cato Manor was a dispossession caused by racially discriminatory laws and practices.
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