Richtersveld Community and Others v Alexkor Ltd and Another (488/2001)
Richtersveld Community and Others v Alexkor Ltd and Another (488/2001) [2003] ZASCA 14; [2003] 2 All SA 27 (SCA); 2003 (6) SA 104 (SCA); 2003 (6) BCLR 583 (SCA) (24 March 2003)
The Supreme Court of Appeal found that the Richtersveld community possessed a customary law interest in the subject land, akin to ownership, which survived colonial annexation. The community's rights included exclusive beneficial occupation and use of the land and its minerals. The dispossession of these rights after 1913 was effected through a series of legislative and executive acts culminating in the transfer of land and mineral rights to Alexkor. The dispossession was the result of racially discriminatory practices, as the State failed to recognise and protect the community's rights due t…
Source excerpt
- Restitution Of Land Rights Act
- Customary Law Interest
- Racially Discriminatory Practices
- Indigenous Land Rights
- Mineral Rights
- Constitutional Property Rights