Emantanjeni Community v Commission on Restitution of Land Rights and Others (LCC 17/2018)
Emantanjeni Community v Commission on Restitution of Land Rights and Others (LCC 17/2018) [2019] ZALCC 31 (8 November 2019)
The Court held that the consent order of 12 June 2017 does not entitle the Applicant to immediate payment of R502,017,807. The order records the Applicant's abandonment of its claim for physical restoration and the release of certain landowners, while reserving the right to pursue equitable redress in future proceedings. There is no textual basis in the order for the relief sought, nor any reference to the quantum claimed. The Applicant's reliance on extrinsic evidence, including negotiations and correspondence, is inadmissible under the parol evidence rule. The application to enforce payment…
Source excerpt
- Restitution Of Land Rights Act
- Consent Order Interpretation
- Parol Evidence Rule
- Equitable Redress
- Striking Out Irrelevant Evidence