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Ga Mabohlatjana Community v Capricorn District Municipality and Others (LLC48/20138) [2021] ZALCC 31 (5 July 2021)
The Land Claims Court dismissed a restitution application, finding that a 2004 letter did not amount to a binding award of land under section 42D.
May and Others v Minister of Agruculture and Land Affairs and Others (LCC146/2007) [2012] ZALCC 9 (13 April 2012)
The court found that the applicants failed to prove that the agreements were signed without authority or under duress. The evidence, including affidavits from community representatives and independent NGO staff, supported the respondents' version that the agreements were properly explained and entered into. The applicants did not provide sufficient sworn testimony of personal duress or lack of authority. The prescription defence was not properly pleaded by the respondents, as they failed to specify the dates when debts became due and did not account for payments that interrupted prescription.…
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