South Africa Case Law

Minister of Rural Development and Land Reform and Another v Shah and Others (LCC93/2014 ; LCC180/2014)

Minister of Rural Development and Land Reform and Another v Shah and Others (LCC93/2014 ; LCC180/2014) [2025] ZALCC 19 (9 May 2025)

Court

Land Claims Court

Case number

LCC93/2014 ; LCC180/2014

Judge

Ncube

The Land Court granted leave to appeal only on solatium and financial loss, but refused it on the valuation issue in a land restitution compensation dispute.

• Expropriation Act
• Just And Equitable Compensation
• Solatium
• Financial Loss
• Section 25 Constitution
• Restitution Of Land Rights

Shah and Others v Minister of Rural Development and Land Reform and Others (LCC93/2014)

Shah and Others v Minister of Rural Development and Land Reform and Others (LCC93/2014) [2024] ZALCC 41 (6 December 2024)

Court

Land Claims Court

Case number

LCC93/2014

Judges

Ncube, Mike Gibbins

Land Claims Court awarded the Shah family R13,666,035 in restitution compensation, including solatium, and ordered attorney-and-client costs against the State.

• Restitution Of Land Rights
• Equitable Redress
• Compensation Calculation
• Solatium
• Costs Award
• Restitution-of-land-rights

N'wandlamhari Communal Property Association and Another v Mathebula and Others (LCC 89/2019)

N'wandlamhari Communal Property Association and Another v Mathebula and Others (LCC 89/2019) [2023] ZALCC 27 (10 August 2023)

Court

Land Claims Court

Case number

LCC 89/2019

Judges

S Cowen, B Padayachi

The Land Claims Court held that the NCPA had not validly authorised litigation because the 9 March 2019 meeting was not properly constituted.

• Communal Property Association
• Locus Standi
• Resolution Authorising Action
• Conflict Of Interest
• Constitution Interpretation
• Restitution Of Land Rights

W M J Wellen-Griqua Paramount Chief/King and Others v Government of the Republic of South Africa and Others (2998/2018)

W M J Wellen-Griqua Paramount Chief/King and Others v Government of the Republic of South Africa and Others (2998/2018) [2022] ZANCHC 53 (16 September 2022)

Court

Northern Cape High Court, Kimberley

Case number

2998/2018

Judge

C C Williams

The High Court held it lacked jurisdiction to order legal aid in a land restitution matter and dismissed prayers 39 to 41, with no costs order.

• Restitution Of Land Rights
• Jurisdiction Of Land Claims Court
• Legal Aid Entitlement
• Review Of Administrative Decisions
• Land-restitution
• Land-claims-court-jurisdiction

Nzimande and Others v Director General of the Department of Rural Development and Land Reform and Others (LCC41/2011)

Nzimande and Others v Director General of the Department of Rural Development and Land Reform and Others (LCC41/2011) [2022] ZALCC 47 (8 July 2022)

Court

Land Claims Court

Case number

LCC41/2011

Judge

MIA

The court found that the applicants failed to bring their review application within a reasonable time and did not provide a satisfactory explanation for the delay. The applicants' interest in the land was through shareholding in a company that was liquidated, and they did not oppose the liquidation or take steps to protect their interest. The consultative process was properly followed, and the applicants did not object to the fifth respondent's claim when given the opportunity. The principle of legality does not dispense with the requirement of reasonable promptness in review proceedings. The…

Source excerpt

• Restitution Of Land Rights
• Delay In Review Applications
• Principle Of Legality
• Promotion Of Administrative Justice Act
• Consultation Requirements
• Functus Officio

Mhlaba v Registrar of Deeds Pietermaritzburg and Others (LCC116/2021)

Mhlaba v Registrar of Deeds Pietermaritzburg and Others (LCC116/2021) [2021] ZALCC 30 (1 December 2021)

Court

Land Claims Court

Case number

LCC 116/2021

Judge

Flatela

The applicant has demonstrated a direct and substantial interest in the property, having lodged a land claim in 2014 prior to the invalidation of the Restitution of Land Rights Amendment Act. The requirements for an interim interdict under section 6(3) of the Restitution Act are satisfied: the applicant is an interested party, has reason to believe that transfer of the property will defeat the objects of the Act, and reasonable notice has been given to all interested parties. The respondents have failed to provide information or contest the application. The court finds that the applicant's ri…

Source excerpt

• Restitution Of Land Rights
• Interim Interdict
• Promotion Of Administrative Justice Act
• Access To Information
• Locus Standi
• Eviction

Mphelelang Community Property Association v Mokwana and Others (LCC 31/2021)

Mphelelang Community Property Association v Mokwana and Others (LCC 31/2021) [2021] ZALCC 23 (1 October 2021)

Court

Land Claims Court

Case number

LCC 31/2021

Judge

Flatela L

The court found that the applicant, having lodged a valid land claim acknowledged by the Regional Land Claims Commissioner, is an interested party entitled to seek interim protection of its interest in the claimed land. Although the processing of the claim is interdicted due to the invalidation of the Amendment Act, the claim itself is not invalidated. The applicant demonstrated that the unlawful occupation and erection of structures by the respondents would defeat the object of the Restitution Act and prejudice the community if the claim succeeds. The requirements for an interim interdict un…

Source excerpt

• Restitution Of Land Rights
• Interim Interdict
• Section 25 Constitution
• Unlawful Occupation
• Locus Standi
• Land Claims Court Jurisdiction

Lepelle Nkumpi Local Municipality v The Bakgaga Ba Ga-Mphalele Traditional Authority and Others (6753/2018)

Lepelle Nkumpi Local Municipality v The Bakgaga Ba Ga-Mphalele Traditional Authority and Others (6753/2018) [2021] ZALMPPHC 42 (5 August 2021)

Court

Limpopo High Court, Polokwane

Case number

6753/2018

Judge

EM Makgoba

The High Court declared Lepelle Nkumpi Local Municipality the owner of specified Voorspoed 458 K.S. portions and restrained the second respondent from dealing with them.

• Declaratory Relief
• Interdict
• Municipal Land Ownership
• Traditional Authority Powers
• Illegal Land Occupation
• Restitution Of Land Rights

Pretorius and Another v Khutso Naketsi Communal Property Association and Others (34247/2021)

Pretorius and Another v Khutso Naketsi Communal Property Association and Others (34247/2021) [2021] ZAGPPHC 515 (2 August 2021)

Court

North Gauteng High Court, Pretoria

Case number

34247/2021

Judge

T Bokako

The High Court struck an urgent application from the roll, finding the applicants failed to show sufficient urgency for interim interdict relief.

• Urgency In Motion Court
• Interim Interdict
• Shareholders Agreement
• Management Structure Dispute
• Restitution Of Land Rights
• Contractual Obligations

Frantz and Another v Sanlucar De Hoek (Pty) Ltd and Others (LCC122/2009; LCC129/2012)

Frantz and Another v Sanlucar De Hoek (Pty) Ltd and Others (LCC122/2009; LCC129/2012) [2020] ZALCC 27 (24 November 2020)

Court

Land Claims Court

Case number

LCC122/2009; LCC129/2012

Judge

MP Canca

The Land Claims Court struck an attempted leave-to-appeal application from the roll for non-compliance with Rule 69 and awarded costs against the applicants.

• Leave To Appeal
• Notice Requirements
• Jurisdiction
• Restitution Of Land Rights
• Leave-to-appeal
• Court-procedure