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South Africa decisions
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Elvis and Another v Registrar of Deeds Pretoria and Others (49/2011B) [2025] ZALCC 31 (28 July 2025)
Leave to appeal was dismissed because the underlying order was interim, not finally determinative, and the dispute had become moot after 30 days.
Mnisi and Another v Registrar of Deeds Pretoria and Others (LCC49/2011B) [2025] ZALCC 25 (17 June 2025)
The Land Claims Court granted interim relief to protect labour tenant claimants, ordering a caveat, limited grazing access, and prompt finalisation of their claim.
Director-General for the Department of Rural Development and Land Reform and Another v Mwelase and Others; Mwelase and Others v Director-General for the Department of Rural Development and Land Reform and Another (306/17; 314/17) [2018] ZASCA 105; 2019 (2) SA 81 (SCA) (17 August 2018)
The Supreme Court of Appeal held that the Director-General's failure to process or refer labour tenant applications under the Land Reform (Labour Tenants) Act was unlawful and inconsistent with constitutional obligations, specifically ss 10, 25(6), 33, 195, and 237. However, the Court found that the appointment of a special master by the Land Claims Court constituted judicial overreach, as it effectively transferred executive functions and budgetary responsibilities to a court-appointed outsider, which is not authorised by South African law. The Court emphasised that remedies must respect the…
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Uys N.O and Another v Msiza and Others (1222/2016) [2017] ZASCA 130; 2018 (3) SA 440 (SCA) (29 September 2017)
The Supreme Court of Appeal held that just and equitable compensation for the expropriated land must be determined by considering all relevant factors under section 25(3) of the Constitution, with market value as the starting point. The property was correctly valued as agricultural land at R1.8 million, as the Trust purchased the land with full knowledge of the labour tenant claim, which constituted a pre-existing impediment to development. The Pointe Gourde principle does not apply in these circumstances, as the depreciation in value was known and reflected in the purchase price. The Land Cl…
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Mwelase and Others v Director-General for the Department of Rural Development and Land Reform and Others (LCC107/2013) [2016] ZALCC 21 (14 November 2016)
The court found that although the Minister may have erred in interpreting the order, his actions did not amount to wilful or mala fide non-compliance. The Minister genuinely believed that his conduct was in compliance with the court order, and there was no evidence of deliberate disregard for the authority of the court. The order required good faith negotiation, but the Minister's interpretation and subsequent actions, while possibly mistaken, were not shown to be in bad faith. As a result, the requirements for contempt of court were not met, and the application was dismissed.
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Khumalo and Others v Grafcor Farming (Pty) Limited and Another (LCC128/2015) [2016] ZALCC 16 (16 September 2016)
The Land Claims Court postponed an interlocutory application because the proposed substituted respondent, a trust, had not been properly served.
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