Baphuting Bo Seleka Community v Borakologadi Communal Property Association and Others (LCC108/2016)
Baphuting Bo Seleka Community v Borakologadi Communal Property Association and Others (LCC108/2016) [2017] ZALCC 7 (21 June 2017)
The Court found that the applicant's 2015 restitution claim falls squarely within the ambit of the LAMOSA judgment, which interdicted the processing of new claims lodged after 1 July 2014 until legislative amendments are enacted. Consequently, the Court lacks jurisdiction to entertain the applicant's claim. Furthermore, the applicant's challenge to the 2002 mediation settlement agreement was brought after an inordinate delay of 14 years, with no condonation or explanation provided, which is prejudicial to the respondents and contrary to the interests of justice. On the merits, the Court found…
Source excerpt
- Restitution Of Land Rights Act
- Communal Property Associations
- Interdict
- Delay In Instituting Proceedings
- Authority Of Signatory
- Repudiation Of Settlement Agreement