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South Africa Case Law

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Land And Property [2006] ZASCA 170

Popela Community and Others v Goedgelegen Tropical Fruits ((Pty) Ltd (441/05)

Popela Community and Others v Goedgelegen Tropical Fruits ((Pty) Ltd (441/05) [2006] ZASCA 170; 2007 (2) SA 21 (SCA) (28 September 2006)

Court
Supreme Court of Appeal
Case number
441/05
Judges
Farlam, Conradie, Ponnan, Theron, Cachalia

The Supreme Court of Appeal held that the appellants failed to establish a causal connection between their dispossession and any racially discriminatory law or practice. The termination of labour tenancy by the farm owners was motivated by business efficiency and not prompted by government policy or legislation. The relevant government notice prohibiting future labour tenancy did not affect existing tenants and was issued after the dispossession. There was no evidence that any government agency or functionary encouraged or required the dispossession. The expert opinion that all such terminati…

Source excerpt

  • Restitution Of Land Rights Act
  • Labour Tenancy
  • Causal Connection
  • Racially Discriminatory Practices
  • Community Definition
  • Costs Award
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Land And Property [2003] ZASCA 14

Richtersveld Community and Others v Alexkor Ltd and Another (488/2001)

Richtersveld Community and Others v Alexkor Ltd and Another (488/2001) [2003] ZASCA 14; [2003] 2 All SA 27 (SCA); 2003 (6) SA 104 (SCA); 2003 (6) BCLR 583 (SCA) (24 March 2003)

Court
Supreme Court of Appeal
Case number
488/2001
Judges
Vivier, Harms, Scott, Farlam, Mthiyane

The Supreme Court of Appeal found that the Richtersveld community possessed a customary law interest in the subject land, akin to ownership, which survived colonial annexation. The community's rights included exclusive beneficial occupation and use of the land and its minerals. The dispossession of these rights after 1913 was effected through a series of legislative and executive acts culminating in the transfer of land and mineral rights to Alexkor. The dispossession was the result of racially discriminatory practices, as the State failed to recognise and protect the community's rights due t…

Source excerpt

  • Restitution Of Land Rights Act
  • Customary Law Interest
  • Racially Discriminatory Practices
  • Indigenous Land Rights
  • Mineral Rights
  • Constitutional Property Rights
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.