Baphiring Community and Others v Tshwaranani Projects CC and Others (806/12)
Baphiring Community and Others v Tshwaranani Projects CC and Others (806/12) [2013] ZASCA 99; [2013] 4 All SA 292 (SCA); 2014 (1) SA 330 (SCA) (6 September 2013)
The Supreme Court of Appeal held that the Land Claims Court erred in making a non-restoration order without sufficient evidence from the state regarding the feasibility of restoring the land to the Baphiring Community. The state failed to conduct a proper feasibility study and did not provide material evidence on critical factors such as the cost of expropriation, institutional and financial support, social disruption, and the impact on current occupants. This omission constituted a material irregularity that vitiated the non-restoration order. The matter was remitted to the Land Claims Court…
Source excerpt
- Restitution Of Land Rights Act
- Feasibility Of Restoration
- Just And Equitable Compensation
- Public Interest
- State Obligation
- Material Irregularity