Vusi-Oakford Community Trust v Canelands Estate CC and Others (LCC68/2018)
Vusi-Oakford Community Trust v Canelands Estate CC and Others (LCC68/2018) [2018] ZALCC 29 (22 August 2018)
The Land Claims Court's jurisdiction is limited to matters arising under the Restitution Act or those incidental to such matters. The applicant's dispute concerns enforcement of ownership rights and alleged illegal mining after restitution was completed, which does not fall within the scope of the Restitution Act or its incidental jurisdiction. The Court found that there were no existing or anticipated restitution issues to which the present dispute could be incidental. The applicant's reliance on section 22(1)(d) was misplaced, and the cited case law did not support an extension of jurisdict…
Source excerpt
- Jurisdiction Of Land Claims Court
- Illegal Sand Mining
- Environmental Authorization
- Restitution Of Land Rights
- Interdict
- Lease Agreement Breach