South Africa Case Law

Friedshelf 325 (Pty) Limited and Another v Mokwena (652/17)

Friedshelf 325 (Pty) Limited and Another v Mokwena (652/17) [2018] ZASCA 102 (5 July 2018)

Court

Supreme Court of Appeal

Case number

652/17

Judges

Maya, Mbha, Van der Merwe, Schippers, Mothle

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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• Labour Tenancy
• Land Reform
• Extension Of Security Of Tenure Act
• Statutory Interpretation
• Security Of Tenure

Msiza v Director-General for the Department of Rural Development And Land Reform and Others (LCC133/2012)

Msiza v Director-General for the Department of Rural Development And Land Reform and Others (LCC133/2012) [2016] ZALCC 12; 2016 (5) SA 513 (LCC) (5 July 2016)

Court

Land Claims Court

Case number

LCC133/2012

Judges

Ngcukaitobi, Mpcancaa

The Court held that the determination of compensation for expropriation under section 23(1) of the Labour Tenants Act and section 25 of the Constitution requires a just and equitable approach, not one based solely on market value. Market value serves as an entry point but must be balanced against other constitutional factors, including the history of acquisition, current use, lack of significant investment by the owners, and the public interest in land reform. The Court rejected the inclusion of speculative developmental potential in the valuation, finding it unsupported by evidence and contr…

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• Labour Tenants
• Just And Equitable Compensation
• Expropriation
• Land Reform
• Section 25 Constitution
• Market Value Adjustment

Government of the Republic of Zimbabwe v Fick and Others (657/11)

Government of the Republic of Zimbabwe v Fick and Others (657/11) [2012] ZASCA 122 (20 September 2012)

Court

Supreme Court of Appeal

Case number

657/11

Judges

Nugent, Van Heerden, Malan, Southwood, Erasmus

The Supreme Court of Appeal upheld enforcement in South Africa of a SADC Tribunal costs order against Zimbabwe and dismissed Zimbabwe’s appeal with costs.

• Foreign State Immunity
• Enforcement Of International Tribunal Awards
• Recognition Of Foreign Judgments
• Sadc Protocol
• Land Reform
• Registration Of Foreign Orders

Chambers v Burger (EL 632/2009, ECD 2432/09)

Chambers v Burger (EL 632/2009, ECD 2432/09) [2012] ZAECELLC 2 (9 March 2012)

Court

Eastern Cape High Court, East London Local Court

Case number

EL 632/2009, ECD 2432/09

Judge

Hartle

The court found that the plaintiff's introduction of Mahanjana to the defendant's property initiated the department's internal processes, which ultimately led to the sale of the farm to the government. Despite the lapse of the initial agreement and the change in financing models from LRAD to PLAS, the causal chain remained unbroken, as the same beneficiary, price, and seller were involved throughout. The defendant's instructions not to revise the offer and his continued engagement with the plaintiff and her associate supported the finding that the plaintiff's actions were the predominant caus…

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• Estate Agents Commission
• Effective Cause Of Sale
• Land Reform
• Oral Mandate
• Causality In Contract
• Land Reform Provision Of Land And Assistance Act