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Land And Property [2024] ZALMPPHC 171

Seshego Land Claims Committee v Minister of Agriculture Land Reform and Rural Development and Others (HCAA37/2023)

Seshego Land Claims Committee v Minister of Agriculture Land Reform and Rural Development and Others (HCAA37/2023) [2024] ZALMPPHC 171 (4 November 2024)

Court
Limpopo High Court, Polokwane
Case number
HCAA37/2023
Judges
Naude-Odendaal, G.C. Muller, M. Mathabathe

The appeal was dismissed because the relief sought concerned land restitution, which falls within the Land Claims Court’s exclusive jurisdiction.

  • Restitution Of Land Rights Act
  • Jurisdiction Of Land Claims Court
  • Mandamus
  • Rezoning
  • Land Restoration
  • Costs In Constitutional Litigation
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Land And Property [2024] ZALMPPHC 58

Batau Ba-Nkwana Traditional Authority and Another v Premier of the Limpopo Provincial Government and Others (7181/2021)

Batau Ba-Nkwana Traditional Authority and Another v Premier of the Limpopo Provincial Government and Others (7181/2021) [2024] ZALMPPHC 58 (11 June 2024)

Court
Limpopo High Court, Polokwane
Case number
7181/2021
Judge
M V Semenya

The High Court held it lacked jurisdiction over a land transfer dispute linked to apartheid-era dispossession, finding the Land Claims Court had exclusive jurisdiction.

  • Jurisdiction Of Land Claims Court
  • Restitution Of Land Rights Act
  • Traditional Leadership Disputes
  • Transfer Of Land By Lebowa Government
  • Land-restitution
  • Land-claims-court-jurisdiction
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Land And Property [2023] ZALCC 45

Pietersen and Others v Drakenstein Municipality and Others (LCC88/2019B)

Pietersen and Others v Drakenstein Municipality and Others (LCC88/2019B) [2023] ZALCC 45 (18 December 2023)

Court
Land Claims Court
Case number
LCC88/2019B
Judge
Ncube

The Land Claims Court is a creature of statute and derives its powers from the Restitution of Land Rights Act. Section 35(11) of the Act expressly prohibits the court from varying or suspending orders made by the Supreme Court of Appeal; such applications must be made to the appellate court itself. The relief sought by the applicants, including suspension, variation, or addition to the SCA order, falls outside the jurisdiction of this court. The municipality has not discharged its obligation under the SCA order, as it has only made offers of accommodation but has not made emergency housing av…

Source excerpt

  • Eviction Proceedings
  • Contempt Of Court
  • Emergency Housing
  • Jurisdiction Of Land Claims Court
  • Constitutional Right To Housing
  • Variation Of Court Orders
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Land And Property [2023] ZALCC 20

Goedverwaching Farm (Pty) Ltd v Roux and Others (LCC 129/2022)

Goedverwaching Farm (Pty) Ltd v Roux and Others (LCC 129/2022) [2023] ZALCC 20 (21 June 2023)

Court
Land Claims Court
Case number
LCC 129/2022
Judge
L Flatela

The court found that the respondents were not occupiers as defined by ESTA because their occupation was for commercial farming purposes, which is expressly excluded from ESTA's protection. The applicant's arguments raised a reasonable prospect that another court might reach a different conclusion regarding whether the respondents' activities constituted commercial farming or mere farming. Given the factual and legal disputes, the court determined that the applicant met the threshold for leave to appeal under section 17(1) of the Superior Courts Act. Accordingly, leave to appeal was granted to…

Source excerpt

  • Extension Of Security Of Tenure Act
  • Definition Of Occupier
  • Jurisdiction Of Land Claims Court
  • Leave To Appeal
  • Commercial Farming Exclusion
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Land And Property [2022] ZALCC 43

Minister of Department of Rural Development and Land Reform and Others v Selahle and Others (LCC137/2022)

Minister of Department of Rural Development and Land Reform and Others v Selahle and Others (LCC137/2022) [2022] ZALCC 43 (25 November 2022)

Court
Land Claims Court
Case number
LCC137/2022
Judge
N Muvangua

The Land Claims Court granted an urgent interdict against unlawful subdivision and fencing of claimed land, but refused eviction relief and excluded dwellings.

  • Interdict
  • Restitution Of Land Rights Act
  • Unlawful Occupation
  • Notice Requirements
  • Demarcation And Fencing
  • Jurisdiction Of Land Claims Court
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Land And Property [2022] ZANCHC 53

W M J Wellen-Griqua Paramount Chief/King and Others v Government of the Republic of South Africa and Others (2998/2018)

W M J Wellen-Griqua Paramount Chief/King and Others v Government of the Republic of South Africa and Others (2998/2018) [2022] ZANCHC 53 (16 September 2022)

Court
Northern Cape High Court, Kimberley
Case number
2998/2018
Judge
C C Williams

The High Court held it lacked jurisdiction to order legal aid in a land restitution matter and dismissed prayers 39 to 41, with no costs order.

  • Restitution Of Land Rights
  • Jurisdiction Of Land Claims Court
  • Legal Aid Entitlement
  • Review Of Administrative Decisions
  • Land-restitution
  • Land-claims-court-jurisdiction
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Land And Property [2022] ZALCC 37

Mokoena and Others v Lambrechts Familie Testamentere Trust and Others (LCC36/2019)

Mokoena and Others v Lambrechts Familie Testamentere Trust and Others (LCC36/2019) [2022] ZALCC 37 (14 June 2022)

Court
Land Claims Court
Case number
LCC36/2019
Judge
Cowen

The Land Claims Court dismissed special pleas limiting labour tenants to status relief, holding that rights and servitudes may be determined at trial.

  • Labour Tenants Act
  • Jurisdiction Of Land Claims Court
  • Special Plea
  • Rights Of Labour Tenants
  • Registration Of Servitudes
  • Labour-tenants-act
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Land And Property [2020] ZALCC 29

Makgahlela v Maboi 6 Community Trust (LCC130/2020)

Makgahlela v Maboi 6 Community Trust (LCC130/2020) [2020] ZALCC 29 (10 November 2020)

Court
Land Claims Court
Case number
LCC130/2020
Judge
S J Cowen

The Land Claims Court struck a land-access dispute from the roll, holding that the issues were not incidental to a matter within its statutory jurisdiction.

  • Jurisdiction Of Land Claims Court
  • Mandament Van Spolie
  • Declaratory Relief
  • Interdictory Relief
  • Land-claims-court-jurisdiction
  • Restitution-of-land-rights-act
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Land And Property [2020] ZALCC 1

Khumalo v Len Smith Investment Holdings CC (LCC175/2016)

Khumalo v Len Smith Investment Holdings CC (LCC175/2016) [2020] ZALCC 1 (3 March 2020)

Court
Land Claims Court
Case number
LCC175/2016
Judge
M P Canca

The Land Claims Court granted a spoliation order restoring Khumalo’s access route over the respondent’s farm, finding a precarium and no lawful termination.

  • Mandament Van Spolie
  • Precarium
  • Extension Of Security Of Tenure Act
  • Reasonable Notice
  • Jurisdiction Of Land Claims Court
  • Mandament-van-spolie
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Land And Property [2019] ZALCC 25

Mjoli v Greys Pass Farm (Pty) Ltd (LCC45R/2018)

Mjoli v Greys Pass Farm (Pty) Ltd (LCC45R/2018) [2019] ZALCC 25 (15 October 2019)

Court
Land Claims Court
Case number
LCC45R/2018
Judge
Ncube

Leave to appeal was granted in a Land Claims Court matter about whether a relocation order under ESTA amounted to an eviction reviewable under section 19(3).

  • Extension Of Security Of Tenure Act
  • Jurisdiction Of Land Claims Court
  • Relocation Vs Eviction
  • Leave To Appeal
  • Vagueness Of Orders
  • Extension-of-security-of-tenure-act
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.