Nhlengethwa and Others v Ndwadwe and Others (LCC15/2022B) [2024] ZALCC 36 (21 October 2024)
Court
Land Claims Court
Case number
LCC15/2022B
Judge
Flatela
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.
Oostenwald and Another v Retignled and Others (LCC 13R/2021) [2022] ZALCC 10 (4 April 2022)
Court
Land Claims Court
Case number
LCC 13R/2021
Judge
Flatela
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…
Eliopolous v Zondi and Others (LCC75/2018) [2019] ZALCC 10 (21 June 2019)
Court
Land Claims Court
Case number
LCC75/2018
Judge
Ngcukaitobi
The Land Claims Court postponed an eviction application and a labour-tenant counterclaim, and required the Department to explain a proposed settlement purchase.
Masilela v Charles Slabbert Enterprises CC and Others (LCC 208/2017) [2018] ZALCC 19 (13 June 2018)
Court
Land Claims Court
Case number
LCC 208/2017
Judge
Molefe
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.
Simelane v Human (70310/2013) [2015] ZAGPPHC 473 (30 June 2015)
Court
North Gauteng High Court, Pretoria
Case number
70310/2013
Judge
Jansen
The High Court referred a farm dispute to the Land Claims Court because deciding the application required interpreting labour tenant and occupier rights.
Simelane v Human (70310/2013) [2015] ZAGPPHC 422 (30 June 2015)
Court
North Gauteng High Court, Pretoria
Case number
70310/2013
Judge
Jansen
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.