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South Africa decisions
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Rampagane N.O and Others v Master of the High Court Mafikeng and Others (UM20/2023) [2024] ZANWHC 241 (18 September 2024)
The High Court struck an urgent application off the roll for lack of urgency, referred it to the opposed motion roll, and directed further pleadings and deadlines.
Bakgatla Ba Mocha Ba Phopolo Traditional Community (Of Mmametlhake) and Another v Premier: Mpumalanga Province and Others (A255/2022) [2024] ZAGPPHC 491 (24 May 2024)
The appeal succeeded because the failure to join the Bakgatla Ba Mmakau Community and Royal Family, who have a direct and substantial interest in the recognition of a traditional community and leader, was fatal to the appellants' application. The court a quo erred in proceeding to determine the merits without these parties. The proper course was to uphold the point in limine and afford the appellants an opportunity to remedy the non-joinder. The order of the court a quo was set aside, and the appellants were granted leave to join the necessary parties within 20 days. Costs were awarded to the…
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Allie and Others v Department of Rural Development and Land Reform and Others (LCC 145/2019) [2024] ZALCC 16 (8 May 2024)
The court found that the applicants failed to prove that the State Respondents, specifically the Chief Land Claims Commissioner and Regional Land Claims Commissioner, had personal knowledge of the court order dated 14 June 2023. The applicants did not comply with the service directives requiring service on the relevant offices and legal representatives. The requirement for personal service or joinder in contempt proceedings seeking committal is constitutionally mandated to protect the rights of the alleged contemnors. As the applicants did not establish wilful and mala fide non-compliance, an…
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Seshego Land Claim Committee v Minister of Agriculture, Land Reform and Rural Development and Another (4740/2021) [2023] ZALMPPHC 76 (24 April 2023)
The High Court dismissed an application to compel land acquisition and rezoning, finding no proven undertaking or clear right to a mandatory interdict.
Wellen v Bucklands Communal Property Association and Others (2435/2021) [2023] ZANCHC 39 (24 March 2023)
The court found that the CPA's attorneys lacked proper authority to oppose the application, as the executive committee's term had expired and no new committee was lawfully elected. The application thus stood as unopposed. However, the CPA was not a party to the Labour Court proceedings nor a signatory to the High Court settlement agreement. The court held that it cannot enforce orders against a party who was not bound by or party to the original proceedings or agreement. The applicant failed to demonstrate any legal basis for holding the CPA liable for the Trust's obligations. The settlement…
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Coleman and Others v Unlawful Occupiers and Others (D5527/2020B) [2023] ZAKZDHC 11 (14 March 2023)
The court granted an eviction under PIE, finding the occupiers had no right to remain and that notice was effectively served. A 90-day vacate period was ordered.
Mugakula and Another v Premier, Limpopo and Others (659/2018) [2023] ZALMPPHC 9 (13 March 2023)
The High Court set aside decisions refusing the Makuleke community’s claim, declared it an independent traditional community, and referred senior leadership identification to the royal family.
Zeelie N.O v Mjejane Parent Game Reserve Home Owners Association NPC and Others (4033/2021) [2023] ZAMPMBHC 16 (8 March 2023)
The court found that the Wildlife Agreement was backdated and referenced servitude registration numbers that did not exist at the purported signing date, evidencing an attempt to circumvent the Ebersohn AJ order. The respondents failed to provide plausible explanations or refute the applicant's evidence. The agreements were concluded without proper beneficiary approval, in violation of both the Trust Deed and the prior court order. The court held that the agreements unlawfully encumbered Trust property, excluded beneficiaries, and were concluded for no consideration, undermining the purpose o…
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Dladla N.O and Others v Lamula N.O and Others (27440/21) [2022] ZAGPPHC 868 (18 November 2022)
The High Court removed all trustees of a land restitution trust for maladministration and appointed Petrus Zeelie as sole trustee for 12 months.
Mamohlola Community Property Association and Others v Molewa and Others (6212/2020) [2022] ZALMPPHC 10 (14 February 2022)
The High Court granted an interdict protecting CPA-owned farms from unlawful entry and timber trading, and rejected objections based on locus standi, non-joinder, PIE and ESTA.
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