Ash and Others v Department of Land Affairs (LCC116/98)
Ash and Others v Department of Land Affairs (LCC116/98) [2000] ZALCC 54 (10 March 2000)
The court found that the claimants who received less than market value at the time of dispossession are entitled to restitution in the form of monetary compensation, calculated as the difference between the compensation actually received and the amount which would have been just and equitable at the time, escalated to present value using agreed consumer price index factors. The court rejected the applicants' expert valuation as unreliable and accepted the respondent's expert evidence and agreed facts. Claims where entitlement or descendancy was not proven were dismissed. The court held that s…
Source excerpt
- Restitution Of Land Rights Act
- Just And Equitable Compensation
- Group Areas Act Dispossession
- Market Value Assessment
- Onus Of Proof
- Monetary Compensation