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South Africa Case Law

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Land And Property [2022] ZALCC 28

Dangazele and Others v Minister of Agriculture, Land Reform and Rural Development and Others; Mpetsheni and Others v Minister of Agriculture, Land Reform and Rural Development and Others; Nkolisa v Minister of Agriculture, Land Reform and Rural Development and Others (LCC16/2022;LCC17/2022;LCC18/2022)

Dangazele and Others v Minister of Agriculture, Land Reform and Rural Development and Others; Mpetsheni and Others v Minister of Agriculture, Land Reform and Rural Development and Others; Nkolisa v Minister of Agriculture, Land Reform and Rural Development and Others (LCC16/2022;LCC17/2022;LCC18/2022) [2022] ZALCC 28 (20 October 2022)

The Court found that the applicants, both as individuals and as the Vulamasango Singene Campaign, have standing to seek relief regarding 'betterment' claims, as they are directly affected by the Commission's prior conduct and the statutory scheme. However, the Court held that it is not competent to grant relief for claims not yet lodged, as its jurisdiction is limited by the Restitution Act and Constitutional Court orders, and reopening claims is a matter for the legislature. Regarding the processing of preserved 'betterment' claims lodged between 1 July 2014 and 28 July 2016 in the former Tr…

  • Restitution Of Land Rights Act
  • Betterment Schemes
  • Standing
  • Processing Of Preserved Claims
  • Constitutional Rights To Land
  • Administrative Procedure
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