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South Africa Case Law

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Land And Property [2024] ZALCC 36

Nhlengethwa and Others v Ndwadwe and Others (LCC15/2022B)

Nhlengethwa and Others v Ndwadwe and Others (LCC15/2022B) [2024] ZALCC 36 (21 October 2024)

The Land Claims Court dismissed a trustees’ rescission application, finding the delay unexplained, the Trust’s locus standi doubtful, and no basis to disturb earlier land orders.

  • Rescission Of Judgment
  • Labour Tenant Status
  • Condonation For Late Filing
  • Locus Standi
  • Fraudulent Misrepresentation
  • Rescission-of-judgment
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Land And Property [2022] ZALCC 10

Oostenwald and Another v Retignled and Others (LCC 13R/2021)

Oostenwald and Another v Retignled and Others (LCC 13R/2021) [2022] ZALCC 10 (4 April 2022)

The Magistrate erred by failing to properly apply the Plascon-Evans rule to factual disputes and by disregarding the respondent's evidence without adequate justification. The right of occupation agreement was not neutral and limited the rights of vulnerable parties, contrary to constitutional and statutory protections. The Magistrate did not adequately consider the probation officer's report or balance the competing constitutional rights of the owner and occupier. The respondent demonstrated lack of suitable alternative accommodation and would suffer undue hardship if evicted. The eviction or…

  • Extension Of Security Of Tenure Act
  • Eviction Proceedings
  • Probation Officer Report
  • Just And Equitable Standard
  • Labour Tenant Status
  • Constitutional Property Rights
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Land And Property [2019] ZALCC 10

Eliopolous v Zondi and Others (LCC75/2018)

Eliopolous v Zondi and Others (LCC75/2018) [2019] ZALCC 10 (21 June 2019)

The Land Claims Court postponed an eviction application and a labour-tenant counterclaim, and required the Department to explain a proposed settlement purchase.

  • Eviction Application
  • Labour Tenant Status
  • Just And Equitable Compensation
  • Settlement Procedure
  • Eviction
  • Labour-tenant-status
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Land And Property [2018] ZALCC 19

Masilela v Charles Slabbert Enterprises CC and Others (LCC 208/2017)

Masilela v Charles Slabbert Enterprises CC and Others (LCC 208/2017) [2018] ZALCC 19 (13 June 2018)

Land Claims Court granted condonation for late filing of an application and a supplementary affidavit, accepted the affidavit into evidence, and postponed the main matter.

  • Labour Tenant Status
  • Condonation
  • Late Filing Of Affidavit
  • Land Reform Act
  • Interlocutory Relief
  • Late-filing
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Land And Property [2015] ZAGPPHC 473

Simelane v Human (70310/2013)

Simelane v Human (70310/2013) [2015] ZAGPPHC 473 (30 June 2015)

The High Court referred a farm dispute to the Land Claims Court because deciding the application required interpreting labour tenant and occupier rights.

  • Labour Tenant Status
  • Extension Of Security Of Tenure Act
  • Jurisdiction Of Land Claims Court
  • Interdictory Relief
  • Eviction Prohibition
  • Labour-tenant-rights
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Land And Property [2015] ZAGPPHC 422

Simelane v Human (70310/2013)

Simelane v Human (70310/2013) [2015] ZAGPPHC 422 (30 June 2015)

The High Court referred a farm dispute to the Land Claims Court because the claims turned on whether the applicant was an occupier or labour tenant under land reform statutes.

  • Labour Tenant Status
  • Extension Of Security Of Tenure Act
  • Jurisdiction Of Land Claims Court
  • Interdictory Relief
  • Eviction
  • Locus Standi
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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.