Maccsand CC v Macassar Land Claims Committee and Another (LCC 37/03)
Maccsand CC v Macassar Land Claims Committee and Another (LCC 37/03) [2007] ZALCC 19 (14 August 2007)
The Court held that the Commission on the Restitution of Land Rights qualifies as 'the State' for purposes of intervention under section 29(2) of the Restitution Act, given its public function in land reform. The Land Claims Court has jurisdiction to vary the Supreme Court of Appeal's order, as the original order specifically provided for such variation upon completion of mining and rehabilitation of Strips B and C. The legal dispensation for mineral rights has changed since the original order, with mineral rights now vested in the State and divorced from land ownership. The requirements for…
Source excerpt
- Mining Rights
- Interim Interdict
- Land Restitution
- Environmental Management Programme
- Variation Of Court Order
- State Intervention