South Africa Case Law

Mashiyi v Qhayiso and Others (1806/2019)

Mashiyi v Qhayiso and Others (1806/2019) [2024] ZAECMHC 46 (18 June 2024)

Court

Eastern Cape High Court, Mthatha

Case number

1806/2019

Judge

Notyesi

The court found that the applicant, Dr Mashiyi, failed to take possession of the land for 19 years after the alleged allotment in 1998, contrary to the custom requiring occupation within six months. The applicant's explanation for the delay was inadequate and did not cover the entire period. The evidence showed that the land was lawfully reallotted to the first and third respondents by the traditional authority, and the third respondent had developed the land based on valid documentation and confirmation from the Chief. The applicant's documents were inconsistent and did not support his claim…

Source excerpt

• Informal Land Rights
• Customary Law Allotment
• Declaratory Relief
• Undue Delay
• Condonation
• Interim Protection Of Informal Land Rights Act

PME Business Enterprise and Others v Block 17, GA-Seaphole concerned community residents (HCAA01/2016)

PME Business Enterprise and Others v Block 17, GA-Seaphole concerned community residents (HCAA01/2016) [2021] ZALMPTHC 5 (8 July 2021)

Court

Limpopo High Court, Thohoyandou

Case number

HCAA01/2016

Judges

Ledwaba, Kgomo, Phatudi

The majority held that the appellants' extension of farming activities and fencing of fifty hectares of communal land was done without proper community consent, rendering the Permission to Occupy (PTO) invalid under IPILRA. The court found no basis to interfere with the first instance decision declaring the PTO null and void, ordering removal of the fence, and prohibiting further farming on the disputed land. Costs orders against the appellants for the main appeal, taxation review, Rule 7 and 15 applications, and the variation application were confirmed, as the appellants initiated or opposed…

Source excerpt

• Permission To Occupy
• Communal Land Rights
• Interim Protection Of Informal Land Rights Act
• Costs Orders
• Taxation Review
• Supplementary Affidavit Procedure

Baleni and Others v Minister of Mineral Resources and Others (73768/2016)

Baleni and Others v Minister of Mineral Resources and Others (73768/2016) [2018] ZAGPPHC 829; [2019] 1 All SA 358 (GP); 2019 (2) SA 453 (GP) (22 November 2018)

Court

North Gauteng High Court, Pretoria

Case number

73768/2016

Judge

AC Basson

The court held that the applicants and the Umgungundlovu community are holders of informal rights in land under IPILRA and customary law, protected by the Constitution. The grant of a mining right over their land constitutes a deprivation of those rights, triggering the consent requirement in section 2(1) of IPILRA. The MPRDA's consultation requirement does not override the need for full and informed consent under IPILRA; both statutes must be read together, with IPILRA providing special protection to customary communities. The Minister of Mineral Resources is obliged to obtain the community'…

Source excerpt

• Informal Land Rights
• Mining Rights
• Customary Law
• Consultation Vs Consent
• Interim Protection Of Informal Land Rights Act
• Mineral And Petroleum Resources Development Act

Blackhill Engineering & Construction CC v Baolong Boora Tshidi Tribal Authority and Others (385/2009)

Blackhill Engineering & Construction CC v Baolong Boora Tshidi Tribal Authority and Others (385/2009) [2012] ZANWHC 21 (31 May 2012)

Court

North West High Court, Mafikeng

Case number

385/2009

Judge

A A Landman

The High Court held that tribal resolutions granting mining rights were invalid because they were not adopted at a proper community meeting under the governing land-rights law.

• Informal Land Rights
• Tribal Resolutions
• Customary Law Procedure
• Mineral Rights
• Interim Protection Of Informal Land Rights Act
• Informal-land-rights