South Africa Case Law

Singh obo Singh Family v Minister of Agriculture, Rural Development and Land Reform and Others (LCC79/2023)

Singh obo Singh Family v Minister of Agriculture, Rural Development and Land Reform and Others (LCC79/2023) [2025] ZALCC 29 (2 June 2025)

Court

Land Claims Court

Case number

LCC79/2023

Judge

Meer

The Court found that the Singh family was dispossessed of their farms under the Group Areas Act, receiving compensation far below market value and suffering significant hardship. Credible evidence established that 156 hectares of Broughton were under irrigation at the time of dispossession, contrary to the Defendant's unreliable data. The Plaintiff's expert valuation, escalated using the Consumer Price Index and adjusted for solatium, was accepted, except for the inclusion of transfer duty, which was excluded as actual financial loss. Considering the stark discrepancy between historic and cur…

Source excerpt

• Restitution Of Land Rights Act
• Just And Equitable Compensation
• Group Areas Act Dispossession
• Valuation Of Agricultural Land
• Constitutional Redress
• Expert Evidence

Chief Land Claims Commissioner Commission on Restitution of Land Rights and Others v Hlomela Land Claims Malamulele Steering Committee and Other (LCC195/2021)

Chief Land Claims Commissioner Commission on Restitution of Land Rights and Others v Hlomela Land Claims Malamulele Steering Committee and Other (LCC195/2021) [2025] ZALCC 23 (30 May 2025)

Court

Land Claims Court

Case number

LCC195/2021

Judge

Bishop

The order granted on 29 August 2022 was rescinded because it was erroneously sought and granted in the absence of the applicants, who were deprived of the opportunity to oppose due to defective service. The review application was not served on the applicants' attorney of record as required by the rules, Practice Direction 17, and section 2(2) of the State Liability Act. The applicants provided a reasonable explanation for their absence and demonstrated a bona fide defence, namely that no decision to financially compensate beneficiaries was taken. The court condoned the late filing of the resc…

Source excerpt

• Restitution Of Land Rights Act
• Rescission Of Judgment
• Service Of Process
• State Liability Act
• Practice Directions
• Condonation

Deacon Trust and Another v Ngwenya (LCC114/2008)

Deacon Trust and Another v Ngwenya (LCC114/2008) [2025] ZALCC 21 (29 May 2025)

Court

Land Claims Court

Case number

LCC114/2008

Judge

SJ Cowen

The Land Claims Court ordered compliance with an earlier land-vacation order, but declined civil contempt relief, finding wilfulness made out yet mala fides not proved beyond reasonable doubt.

• Restitution Of Land Rights Act
• Civil Contempt
• Compliance Orders
• Condonation
• Service Of Process
• Civil-contempt

Nxamalala Tribe v Chief Land Claims Commissioner and Others (LCC30/2021)

Nxamalala Tribe v Chief Land Claims Commissioner and Others (LCC30/2021) [2025] ZALCC 10 (21 February 2025)

Court

Land Claims Court

Case number

LCC 30/2021

Judge

Ncube

The Land Claims Court granted condonation and reviewed the 2005 rejection of the Nxamalala Tribe’s land claim, remitting the matter for reconsideration.

• Restitution Of Land Rights Act
• Promotion Of Administrative Justice Act
• Condonation
• Functus Officio
• Judicial Review
• Financial Compensation

Cindi Family v Minister of Rural Development and Land Reform and Others (LCC 115/2008; LCC 026/2007)

Cindi Family v Minister of Rural Development and Land Reform and Others (LCC 115/2008; LCC 026/2007) [2025] ZALCC 8 (4 February 2025)

Court

Land Claims Court

Case number

LCC 115/2008; LCC 026/2007

Judge

Spilg

The Land Claims Court held that the Cindi Family had not clearly settled its land claim or waived restoration rights, and dismissed the landlords’ Rule 30(6) application.

• Restitution Of Land Rights Act
• Settlement Agreements
• Waiver Of Rights
• Interpretation Of Contracts
• Land-restitution
• Settlement-agreements

Poti and Others v Minister of Department of Rural Development and Land Reform and Others (205/2021; 19/2022)

Poti and Others v Minister of Department of Rural Development and Land Reform and Others (205/2021; 19/2022) [2025] ZALCC 6 (21 January 2025)

Court

Land Claims Court

Case number

205/2021; 19/2022

Judge

Ncube

The Land Court set aside blanket R36,000 compensation awards for Veesplaas claimants, finding the RLCC relied on irrelevant factors and failed to assess individual circumstances.

• Restitution Of Land Rights Act
• Just And Equitable Compensation
• Administrative Action Review
• Prescription
• Procedural Fairness
• Restitution-of-land-rights

Welverdiend Community v Minister of Rural Development and Land Reform and Others (LCC75/2009)

Welverdiend Community v Minister of Rural Development and Land Reform and Others (LCC75/2009) [2025] ZALCC 4 (14 January 2025)

Court

Land Claims Court

Case number

LCC 75/2009

Judge

S Yacoob

The Land Claims Court awarded the Welverdiend Community monetary compensation and a nominal solatium for dispossession, while rejecting special damages and limiting fees.

• Restitution Of Land Rights Act
• Equitable Redress
• Solatium
• Financial Compensation Policy
• Contingency Fees
• Costs Award

BO Woodburn Family Trust v Minister of Agriculture, Land Reform and Rural Development and Others (LCC81/2024)

BO Woodburn Family Trust v Minister of Agriculture, Land Reform and Rural Development and Others (LCC81/2024) [2024] ZALCC 42 (13 December 2024)

Court

Land Claims Court

Case number

LCC81/2024

Judge

L Flatela

Urgent interim interdict granted to stop any steps to degazette a land claim pending final determination of related restitution proceedings.

• Interim Interdict
• Restitution Of Land Rights Act
• Degazetting Of Land Claim
• Urgent Application
• Constitutional Right Of Access To Court
• Interim-interdict

Minister of Department of Rural Development and Land Reform and Others v Thamsanqa Davis Bisset (982/2023)

Minister of Department of Rural Development and Land Reform and Others v Thamsanqa Davis Bisset (982/2023) [2024] ZASCA 164 (2 December 2024)

Court

Supreme Court of Appeal

Case number

982/2023

Judges

Meyer, Kathree-Setiloane, Unterhalter, Molopa-Sethosa, Molitsoane

The SCA held no binding s 42D settlement was concluded because the Minister’s representatives never concurred. There was nothing to review or set aside.

• Restitution Of Land Rights Act
• Settlement Agreement
• Administrative Action
• Review Of Administrative Action
• Land-restitution
• Settlement-agreements

Mluleki Martin Chithi and Others v Minister of Rural Development and Land Reform and Others (1203/2021; 1334/2021; 261/2022)

Mluleki Martin Chithi and Others v Minister of Rural Development and Land Reform and Others (1203/2021; 1334/2021; 261/2022) [2024] ZASCA 149; [2025] 1 All SA 1 (SCA); 2025 (3) SA 183 (SCA) (4 November 2024)

Court

Supreme Court of Appeal

Case number

1203/2021; 1334/2021; 261/2022

Judges

Zondi, Hughes, Matojane, Seegobin, Keightley

The Supreme Court of Appeal held that the Land Claims Court was correct to separate and decide the 'community issue' under rule 57(1)(c), as it was a discrete legal question capable of separate determination. The evidence established that the Mavundulu Community did not exist as a community as defined in the Restitution Act at the time of dispossession; their occupation and use of the land after 1913 was as labour tenants and farm workers, not under shared rules of a community. The lay and expert evidence failed to prove the existence of a cohesive group with rights derived from common rules.…

Source excerpt

• Restitution Of Land Rights Act
• Community Definition
• Costs Orders
• Recusal Of Judge
• Judicial Independence
• Separation Of Issues