South Africa Case Law

Nzimande and 129 Others v The Director General of the Department of Rural Development and Land Reform and Others (LCC 41/2011)

Nzimande and 129 Others v The Director General of the Department of Rural Development and Land Reform and Others (LCC 41/2011) [2021] ZALCC 26 (18 October 2021)

Court

Land Claims Court

Case number

LCC 41/2011

Judge

MIA

Land Claims Court dismissed a delayed review over Inala Farm, finding no timely challenge, no viable restitution claim, and no competent substitution of decisions.

• Restitution Of Land Rights Act
• Judicial Review Delay
• Condonation
• Land Redistribution
• Beneficiary Entitlement
• Judicial-review-delay

Minister of Rural Development and Land Reform v Land Agriculture Bank of South Africa and Others (90/2020)

Minister of Rural Development and Land Reform v Land Agriculture Bank of South Africa and Others (90/2020) [2021] ZAECGHC 61 (6 July 2021)

Court

Eastern Cape High Court, Grahamstown

Case number

90/2020

Judges

Rugunanan, Beshe, Krüger

The High Court held that proceeds from forfeited property must be apportioned between the Minister and the Bank according to their capital losses.

• Civil Forfeiture
• Mortgage Bond Priority
• Arbitrary Deprivation
• Proceeds Apportionment
• Land Redistribution
• Victim Status Under Poca

Rakgase and Another v Minister of Rural Development and Land Reform and Another (33497/2018)

Rakgase and Another v Minister of Rural Development and Land Reform and Another (33497/2018) [2019] ZAGPPHC 375; [2019] 4 All SA 511 (GP); 2020 (1) SA 605 (GP) (4 September 2019)

Court

North Gauteng High Court, Pretoria

Case number

33497/2018

Judge

Davis

The court found that the Deputy Director-General's decision not to sell the farm to the applicant but to offer only a long-term lease was procedurally unfair, unreasonable, irrational, and in breach of constitutional obligations. The applicant had a legitimate expectation to purchase the farm, supported by formal approvals and repeated assurances from state officials. The DDG failed to provide reasons for the adverse decision, did not afford the applicant an opportunity to be heard, and relied on policies that were either not applicable or not in force at the relevant time. The court held tha…

Source excerpt

• Promotion Of Administrative Justice Act
• Legitimate Expectation
• Land Redistribution
• Security Of Tenure
• Constitutional Obligation
• Irrationality