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South Africa decisions
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Mkhize and Another v SA Green Farming CC and Another (LCC166/2018) [2025] ZALCC 16 (8 April 2025)
The Land Claims Court dismissed an application for leave to appeal, finding no reasonable prospects of success or other compelling reason to hear the appeal.
Mkhize and Another v SA Green Farming CC and Another (LCC166-2018) [2024] ZALCC 35 (4 October 2024)
The court found that the First Plaintiff, Mr. Mkhize, satisfied all elements of the statutory definition of a labour tenant: he resided on the farm, had rights to crop and graze, and provided labour in exchange for those rights. His ancestors also resided and provided labour under similar conditions. The evidence showed that the provision of labour was tied to the right to occupy and use the land, and the cash remuneration received was minimal compared to the value of residence and land use. The contracts of employment produced by the defendants did not comply with the statutory requirements…
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Mabuza obo Mabuza Family Descendants v Minister of Agriculture, Land Reform & Rural Development and Others (LCC125/2020) [2023] ZALCC 42 (13 December 2023)
The court found that the claimants, specifically Alpheus Mabuza and Simon Nutsi Sycho Mabuza as direct descendants of Samuel and Masotsha Mabuza, were entitled to restitution of rights in land under section 2(1)(c) of the Restitution of Land Rights Act. The evidence established that dispossession occurred after 1913 due to a broader racial framework and racially discriminatory practices, including forced evictions and the transformation of the land into commercial plantations. However, restoration of the claimed land was not feasible due to its current use, high value, and the risk of substan…
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Ramorula Community and Another v Regional Land Claims Commissioner, Limpopo and Others (LCC46/2010) [2023] ZALCC 16 (31 May 2023)
The court found that the plaintiffs failed to prove the existence of a community as defined in the Restitution of Land Rights Act at the time of dispossession or claim. The evidence, including expert testimony and aerial photographs, established that black people settled on Klipplaatdrift as labour tenants from 1920, and dispossession occurred only in respect of Portion 9. The rights of labour tenants were determined by the landowners, not by shared community rules. The restoration of Portion 9 settled the claim, and the extension to other portions was unfounded. The conduct of the Regional L…
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Mabaso and Others v Goble N.O. and Others (LCC219/2015) [2023] ZALCC 3 (16 February 2023)
The Land Claims Court dismissed a labour tenant land-claim action after finding no valid section 16 application by the plaintiff or her late brother.
Zuma v Sinclair and Others (LCC09/2008) [2022] ZALCC 14 (20 May 2022)
The Land Claims Court declared that Mothi Evelina Zuma is a labour tenant, finding she proved the statutory elements and the defendants failed to prove farmworker status.
Sithebe and Others v Normandien Farms (Pty) Ltd and Another (LCC38/2018) [2019] ZALCC 7 (28 May 2019)
The court found that the applicants' status as labour tenants had not been determined and, therefore, they could not claim statutory rights as labour tenants at this stage. Their rights to reside and graze cattle on the farm were personal rights arising from the owner's consent, not from legislation. The applicants failed to provide credible evidence of entitlement to graze cattle outside the allocated camp and withheld material information regarding the number of cattle and prior agreements. The application was not urgent, as the dispossession occurred years prior and no adequate explanation…
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Friedshelf 325 (Pty) Limited and Another v Mokwena (652/17) [2018] ZASCA 102 (5 July 2018)
The Supreme Court of Appeal held that the subject property, having been incorporated into the area of jurisdiction of the Witbank Municipality since 1971, does not qualify as 'agricultural land' under the Subdivision of Agricultural Land Act 70 of 1970 and therefore cannot be considered a 'farm' under the Land Reform (Labour Tenants) Act 3 of 1996. The court found that the respondent does not meet the statutory definition of a labour tenant. Instead, she qualifies as an 'occupier' under the Extension of Security of Tenure Act 62 of 1997, which provides her with security of tenure. The court r…
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Mahlangu v Minister of Rural Development and Another (LCC08/2015) [2017] ZALCC 15 (5 June 2017)
The Land Claims Court held that a labour tenant was dispossessed by racially discriminatory labour-tenancy practices and ordered restoration of 11 hectares.
Normandien Farms (Pty) Ltd v Mathimbane and Others (LCC196/2013) [2016] ZALCC 29 (16 February 2016)
The Land Claims Court dismissed two applications for leave to appeal, finding no reasonable prospects of success and making no order as to costs.
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