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Citation
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Judgment date
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| January 2026 |
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Whether the applicants' Gazette inclusion and court referral were invalid due to defective, out-of-time restitution claim forms.
Restitution Act s10(1), s10(3) – mandatory description and resolution requirements – cut-off date 31 December 1998 – validity of claim forms – PAJA review and condonation – publication in Government Gazette – referral to Land Claims Court s14(1) – nullity and review – section 11A withdrawal – costs order (party and party, two counsel).
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19 January 2026 |
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Occupier’s erection of a new dwelling without prior meaningful engagement is unlawful; demolition is discretionary.
Land law/ESTA – occupier’s right to improve dwelling – requirement of meaningful engagement with owner – unlawful construction without consent – discretionary demolition relief; balancing human dignity and property rights.
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19 January 2026 |
| December 2025 |
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Whether an ESTA eviction order by settlement should be confirmed on review and its implementation date varied for practicality.
ESTA s19(3) — automatic review of eviction order made by settlement; settlement agreement made an order of court; parties bound including municipality and department; variation of unclear implementation provisions; substitution of occupation date to preserve lead time.
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15 December 2025 |
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On automatic review under ESTA the court confirmed an eviction-related settlement order but extended the occupation deadline to 30 March 2026.
ESTA s19(3) — automatic review of eviction orders — settlement agreement made an order of court — requirement for particularity in implementation provisions — variation of timetable on review where delay renders original dates impracticable — municipal and state respondents bound by court order.
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15 December 2025 |
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Owner granted interim interdict to halt recent construction; demolition not automatic — authority and persons-unknown issues considered.
ESTA — Urgency; standing and authority to institute proceedings; rule 7(1) procedural challenge not exclusive; interim interdicts; persons unknown — limits on class description; demolition in ESTA matters — discretionary, justice-and-equity balancing.
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15 December 2025 |
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Leave to appeal refused where applicants failed to show reasonable prospects of success or other compelling reasons.
Civil procedure – Leave to appeal – Superior Courts Act 10 of 2013 s17(1) – Requirement of reasonable prospect of success or other compelling reasons – Application for leave refused; no order as to costs.
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9 December 2025 |
| November 2025 |
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Court refused eviction under ESTA, finding termination unjustified and ordered continued mediation and finalisation of s 4 grants.
ESTA — termination of right of residence (s 8) — procedural and substantive fairness; s 8(4) protections; s 10(1)(c) irretrievable breakdown — burden and meaning; suitable alternative accommodation and s 4 tenure grants; court-ordered mediation and meaningful engagement; relief: continued mediation, direction to Department to finalise s 4 applications, leave to renew eviction; no costs.
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28 November 2025 |
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Interim interdict restraining occupiers' unilateral rebuilding of ancestral shrine while protecting limited ritual access pending rights litigation.
Interim interdicts – ESTA occupiers’ rights to improve dwellings v landowner’s property rights – self-help prohibited – meaningful engagement required (Daniels v Scribante) – moulding of interim relief to protect cultural practices (uMsamo) pending declaratory proceedings.
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27 November 2025 |
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Relief undoing a section 42D settlement is incompetent unless the underlying administrative decisions are first reviewed and set aside.
Restitution of Land Rights Act s42D — effect of administrative settlement; administrative action (publication and section 42D Decision) is reviewable and remains valid until set aside; pleadings must impugn foundational administrative decisions for relief to be competent; court cannot mero motu review administrative decisions; inquisitorial powers may direct pleading amendments to secure just and efficient resolution.
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20 November 2025 |
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Intervention dismissed: stayed proceedings require Judge President's leave and applicant lacked mandate and standing.
Land Court Rules – Intervention (Rule 13/analogue of Uniform Rule 12) – Effect of a stay on joinder – Stay requiring Judge President’s leave precludes intervention – Standing and mandate of s 10(4) committee – PAJA review remedies vs intervention – Mediation under s 13 Restitution Act.
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13 November 2025 |
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Whether the applicant's land claim was communal or individual and whether the Commission misclassified it without reasons.
Restitution law — community v individual claim — section 10(3) late supporting documents — authenticity of lodged claim form — RLCC duties under ss 6 and 11 — consolidation with tribal claim — review for procedural fairness.
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6 November 2025 |
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Whether removing an express right to make submissions in ESTA automatic reviews violates sections 34 and 165(4) of the Constitution.
Constitutional law – Extension of Security of Tenure Act s19(3) – automatic review of eviction orders – audi alteram partem; standing and abstract challenges; section 34 fair hearing; section 165(4) institutional independence; judicial discretion to invite submissions; justification under section 36.
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6 November 2025 |
| October 2025 |
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Eviction set aside for failure to assess just and equitable factors; matter referred to mediation to avert respondents' homelessness.
ESTA – review of magistrate eviction order – s11 just and equitable test – individual assessment of occupiers’ rights – termination of employment not automatically extinguishing co-occupiers’ rights – mediation to prevent homelessness – role and obligations of municipality/provincial director in housing alternatives.
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31 October 2025 |
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Mediation in amended ESTA s11(2) does not apply to eviction proceedings instituted and pending before 1 April 2024.
Extension of Security of Tenure Act – amended s11(2) mediation requirement – inapplicable to eviction proceedings instituted and pending before 1 April 2024; termination of residence on determinable date under s11(1); lawful termination under s8(2) read with s9; eviction order confirmed.
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17 October 2025 |
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Mediation amendment to ESTA does not apply to proceedings pending before 1 April 2024; eviction order confirmed on review.
Land law; Extension of Security of Tenure Act (ESTA) – applicability of mediation provision in amended section 11(2)(b) to proceedings pending before 1 April 2024 – statutory requirements of section 8(1) and section 9 – confirmation of eviction on review – sheriff authorised to execute eviction.
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17 October 2025 |
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Mediation requirement in amended s11(2) ESTA does not apply to proceedings pending before 1 April 2024; eviction confirmed.
ESTA – amendment to s11(2) – mediation requirement inapplicable to proceedings instituted or pending before 1 April 2024; s11(1) – termination on determinable date (employment contract) not subject to mediation; s8(2)/s8(1) read with s9 – procedural and substantive requirements satisfied; eviction order confirmed with amended dates; Sheriff authorised; emergency accommodation assistance ordered.
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17 October 2025 |
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Claim dismissed: no timely, properly described claim and no proof of a qualifying community or dispossession after 1913.
Restitution — statutory cutoff date for claims — requirement for clear description of claimed land on prescribed claim form — validity of Gazette publication where claim form lacks required farm list — definition of 'community' and need to prove rights derived from shared rules and dispossession after 19 June 1913.
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14 October 2025 |
| September 2025 |
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Mediation under amended ESTA is mandatory for specified evictions, distinct from mere settlement, and not retroactive to pending cases.
Land law; Extension of Security of Tenure Act – ESTA Amendment Act 2018 – mediation as mandatory precondition to evictions under ss 10(1) and 11(2); Land Court Act 2023 did not repeal ESTA mediation requirement; mediation under s 21 requires independent facilitation and privileged process; good-faith settlement/meaningful engagement ≠ s 21 mediation; mediation requirement procedural but not retrospective to proceedings pending before 1 April 2024.
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30 September 2025 |
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Leave to appeal refused where ESTA occupier’s contradictory evidence and failure to produce bank statements undermined reasonable prospects of success.
Civil procedure – Leave to appeal – Superior Courts Act s17 elevated test – ESTA eviction – definition and proof of "occupier" – evidentiary weight of Probation Officer and municipal reports – refusal to produce bank statements undermining credibility – discretionary relocation contribution under ESTA s13 – section 11(3) just and equitable enquiry.
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25 September 2025 |
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Whether a trust deed majority decision binds the trust and if applicants complied with notice and quorum requirements.
Trust law — Trust deed majority‑decision clauses — Joint‑action rule — Requirement to give notice and satisfy quorum — Procedural compliance essential for binding resolutions — Urgent interdict context.
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18 September 2025 |
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Leave to appeal refused: correspondence was provisional, not a reviewable PAJA decision; no prospect of success.
Administrative law — PAJA — correspondence vs final "decision" — Bhugwan criteria (finality, evaluative process, prejudice) — leave to appeal — Superior Courts Act s 17(1).
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16 September 2025 |
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Eviction dismissed for failure to meet ESTA notice, timing, probation‑report and just‑and‑equitable engagement requirements.
ESTA — s 8 life-right and termination; s 9(2)(d) notice and timing requirements; s 9(3) probation officer's report; meaningful engagement and just and equitable test; Plascon‑Evans disputes of fact; review and setting aside of magistrate's eviction order.
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10 September 2025 |
| August 2025 |
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Applicant challenges ESTA s19 as violating the right to a fair public hearing by denying parties submissions in automatic Land Court review.
Constitutional law – Right to a fair public hearing (section 34) – Automatic review of eviction orders under ESTA – Procedural fairness and opportunity to file written and oral submissions – Suspension and reading-in as remedial measures.
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18 August 2025 |
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A lawful dismissal does not automatically end occupiers’ ESTA protections; independent occupier rights and procedural fairness must be respected.
Land law — ESTA — termination of residence — interaction with LRA — lawful dismissal does not automatically terminate residence; section 8(1) requires substantive and procedural justness including effective opportunity to make representations; section 3(4)/(5) presumptions can create independent occupier rights; agreements limiting ESTA rights not binding on court (s25(2)).
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5 August 2025 |
| July 2025 |
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Interim orders maintaining process integrity in land claims are not appealable in absence of compelling interests of justice.
Land claims – Labour tenant claim – Interim order – Appealability of temporary measures pending final claim resolution.
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29 July 2025 |
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The appeal was dismissed as the respondents were not bound by the court order allegedly breached.
Contempt of court – proof of binding court order essential for contempt – procedural errors undermine appeal.
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29 July 2025 |
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Court dismisses review application, emphasizing need for final determination by Regional Land Claims Commission.
Restitution of Land Rights – Administrative action under PAJA – Interpretation of 'direct descendant' – Beneficiary determination in land claims.
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21 July 2025 |
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The court barred an unlawfully convened NCPA meeting, underscoring adherence to constitutional processes.
Communal Property - Land Restitution - Legality and Authority for Convening Meetings - Urgent Interdict to Prevent Unlawful Assemblies
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18 July 2025 |
| June 2025 |
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Lawful dismissal and lack of homelessness justify eviction of former farmworker's family under ESTA absent special circumstances.
Land tenure – Extension of Security of Tenure Act (ESTA) – Termination of farm occupiers’ right of residence following dismissal for misconduct – Relevance of fairness of dismissal in eviction proceedings – Procedural requirements under ESTA section 8(1)(e) – Risk of homelessness – Just and equitable standard in ordering eviction – Derivative versus independent rights of residence – Delayed eviction and claims of new right of residence – Balance of interests between landowner and occupiers.
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24 June 2025 |
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Leave to appeal refused; further evidence allowed; immediate enforcement under section 18 dismissed for lack of exceptional circumstances.
Civil procedure – Leave to appeal – Superior Courts Act s17 – elevated threshold that appeal 'would' have reasonable prospect of success or there is other compelling reason. Civil procedure – Further evidence on appeal – Superior Courts Act s19 – unopposed application granted. Civil procedure – Suspension/operation of judgment pending appeal – Superior Courts Act s18(1) & (3) – requirement of exceptional circumstances and irreparable harm; mere age or ill-health insufficient. Statutory interpretation – ESTA s6(5) and s6(2)(dA) – s6(5) is separate and not rendered ambiguous by s6(2)(dA); 'occupier' to be interpreted purposively in light of Klaase.
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17 June 2025 |
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Court orders interim relief to uphold applicants’ land claims under the Land Reform (Labour Tenants) Act.
Land Reform – Labour Tenants – interim relief – caveat on land transfer – procedural obligations and compliance with LTA.
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17 June 2025 |
| May 2025 |
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Rescission granted due to improper service of review process, impacting applicants' participation.
Land Claims – Rescission of judgment – Service requirements not met – Review proceedings concerning decision to compensate beneficiaries.
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30 May 2025 |
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The applicants granted leave to appeal only on solatium and financial loss; land valuation was upheld.
Land restitution – leave to appeal – test under Superior Courts Act s17 – reasonable prospect of success required. Solatium – quantum for emotional harm where no evidence of hardship tendered – appropriateness of applying Expropriation Act formula. Valuation of land – market value vs section 25(3) factors – credibility of expert evidence. Financial loss – calculation at time of dispossession and need for appellate guidance when no evidence presented.
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9 May 2025 |
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Court denied condonation, confined referral to gazetted farms and ordered significant costs against the claimants.
Practice and procedure — Case management — Power to give directions and make orders at conferences to secure trial readiness and impose sanctions for non‑compliance; condonation — requirements: explanation and prospects; Restitution Act — Court jurisdiction limited to land gazetted under s11(1) (and additions via s11A); RLCC’s role in identifying and gazetting land; costs — personal (de bonis propriis) liability of CPA committee and possible deprival of lawyers' fees for abusive or spurious litigation.
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7 May 2025 |
| April 2025 |
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Eviction under PIE cannot circumvent ESTA protections; occupiers restored under section 14, PIE order not displacing ESTA rights.
Land law—tenure security—ESTA v PIE—whether farm dwellers with long open residence enjoy ESTA protection; tacit/presumed consent; Land Court jurisdiction to restore residence under s14 ESTA despite existing PIE order; remedy: restoration, reconstruction and compensation for movable property.
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22 April 2025 |
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Eviction granted where respondent lacked ESTA protection due to income threshold; termination and notice found just and equitable.
Land law – Eviction under ESTA – termination of right of residence and s9(2)(d) notice – s11 just and equitable enquiry – mediation/arbitration attempts – definition of "occupier" and income threshold; entitlement to compensation for structures – leave to demolish and relocation contribution.
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10 April 2025 |
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Leave to appeal refused where appellant failed to show realistic prospects challenging labour‑tenant and farmworker findings.
• Civil procedure – Leave to appeal – s17(1) Superior Courts Act – realistic prospects of success required; • Agricultural/land law – Labour tenancy – elements and evidentiary onus; • Statutory interpretation – "farmworker" defined by contract form; • Evidentiary requirement – need for expert valuation to prove predominance of cash remuneration; • Personal performance – substitution by family negates personal‑service requirement; • Prescription/Delay – s33(2A) contains no time limit for labour‑tenant declaration.
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8 April 2025 |
| March 2025 |
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A claimant community may receive a nominal solatium in addition to policy compensation; legal fees capped at 25% of the award.
Restitution Act s 33 – solatium for emotional trauma and humiliation – equitable redress beyond market valuation; Financial Compensation Policy – does not fully account for s 33 factors or hardship; Pleading and stated case – unpleaded solatium can be entertained if parties had opportunity to address it; Quantum – solatium intended as nominal acknowledgment, not full compensation; Contingency Fees Act – contingency agreement permitted but aggregate legal fees capped at 25% of award; Costs – State ordered to pay taxed attorney-and-client costs including experts for specified period.
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26 March 2025 |
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Court upheld ESTA eviction as just and equitable, ordering occupiers' eviction and municipal emergency housing provision.
Extension of Security of Tenure Act (ESTA) – occupier status: distinction between occupiers before and after 4 February 1997; applicability of sections 10 and 11. Termination of right of residence – when housing derives solely from employment; effect of lawful dismissal and interplay with Labour Relations Act/CCMA. Procedural fairness – requirement to afford opportunity to make representations under section 8(1)(e) of ESTA. Eviction – just and equitable assessment under section 11(3): period of occupation, fairness of agreement, availability of alternative accommodation, reason for eviction, balance of interests. State/municipal duty – role of municipality and state to provide alternative or emergency housing post-eviction; meaningful engagement reports in eviction proceedings. Automatic review – Land Court powers under section 19(3) to confirm, set aside, substitute or remit magistrate orders.
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20 March 2025 |
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Eviction set aside: respondent was an occupier before 1997, report ignored, no suitable alternative accommodation, residence not validly terminated.
Extension of Security of Tenure Act (ESTA) – occupier status – occupier on or before 4 February 1997 excludes section 8(2) employment-only character; section 9(3) probation officer report mandatory and material; suitability of alternative accommodation – undeveloped municipal site without a dwelling not adequate; children’s constitutional rights (education) must be considered in eviction enquiries; termination of employment does not automatically terminate right of residence; eviction must be just and equitable and avoid homelessness.
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14 March 2025 |
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Eviction dismissed where magistrate misapplied ESTA, failed to resolve factual disputes and ignored mandatory reports.
ESTA — Eviction procedures — Sections 8, 9, 10 and 11 — Requirement for substantive and procedural fairness; meaningful engagement and s 9(3) probation/municipal reports material; Plascon‑Evans application in motion proceedings with disputed facts; duty (contextual) on private owners to assist with alternative accommodation in exceptional circumstances; causal proof of prejudice required for eviction orders.
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14 March 2025 |
| February 2025 |
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Applicants dispossessed of land rights by discriminatory laws, trust regime, betterment schemes and Proclamations; remedy reserved.
Restitution of land rights — dispossession after 19 June 1913 — community status under Restitution Act — labour tenancy and communal rights — Native Trust and ‘betterment’ schemes as dispossession — status and constitutional validity of tribal Proclamations (1958, 1986, 1990) — separation of liability and remedy.
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27 February 2025 |
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Whether applicants were occupiers under ESTA and entitled to restoration of residence after disputed eviction.
Land law – Extension of Security of Tenure Act 62 of 1997 – s14 restoration of residence – definition of "occupier" (residence and income requirements). Eviction disputes – requirement of peaceful and undisturbed occupation immediately prior to eviction. Protection orders – binding effect and need to challenge such orders before seeking conflicting relief. Motion proceedings – where genuine disputes of fact exist on affidavits, referral to oral evidence or trial is required. Civil procedure – condonation for defective affidavits may be granted where appropriate.
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26 February 2025 |
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Applicant's 2005 rejection declared invalid; claim remitted for reconsideration; 2016 acceptance and Gazette publication upheld.
Administrative law — PAJA condonation and extension of 180‑day limit; Restitution of Land Rights Act — validity of certificate of non‑compliance; Judicial review — rationality standard and irrational/contradictory validation report; Functus officio — effect and presumption Omnia praesumuntur rite esse acta; Remittal to administrator for reconsideration; CLCC refusal to sign compensation for unapproved claims.
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21 February 2025 |
| January 2025 |
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Blanket compensation awards based on irrelevant benchmarks were irrational and set aside; matters remitted for court determination.
Administrative law — review under PAJA — decision to award blanket compensation for dispossessed tenancy rights — irrationality and relevance of considerations — improper reliance on consultants and RDP subsidy — section 33 Restitution Act factors for court — extension of PAJA 180‑day period in interests of justice — costs against the State.
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21 January 2025 |
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Leave to appeal granted on constitutional-interpretation grounds; audi complaint dismissed, no costs, registrar to circulate judgment.
Land law – communal property association – membership and verification requirements – validity of special meeting authorising litigation – fair hearing (audi) – leave to appeal: reasonable prospects of success under s17(1)(a)(i) of the Superior Courts Act.
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16 January 2025 |
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Eviction set aside: termination of residence was procedurally unfair, eviction executed during automatic review, matter remitted for enquiry.
Land Tenure / ESTA – Section 8: Termination of right of residence requires procedural fairness and an opportunity to make representations; automatic termination on dismissal insufficient. Land Tenure / ESTA – Section 9: Eviction orders require prior valid termination of residence and prescribed notice; two-stage approach mandatory. Land Court / ESTA – Section 19(3)&(5): Eviction orders are suspended pending automatic review; executing eviction while review pending is unlawful. Occupier definition: long residence with tacit or express consent confers occupier status on spouse; occupiers entitled to ESTA protections. Remedy: Set aside defective eviction; remit for enquiry under ss13–14; consider Legal Aid representation.
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15 January 2025 |
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Removal of essential structures and services constituted constructive eviction; occupier entitled to restoration under ESTA; urgent eviction dismissed.
ESTA — constructive eviction by removal of roof/windows/doors and cutting services; section 14 restoration remedies; section 15 urgent eviction — jurisdictional and substantive requirements (real and imminent danger, no adequate alternative remedy, balance of hardship, arrangements for reinstatement); jurisdictional limits of Rental Housing Tribunal in ESTA matters; right to water and electricity under ESTA sections 5 and 6; relief to release goods attached pursuant to void tribunal order.
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15 January 2025 |
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Community entitled to nominal solatium in addition to policy compensation; R15,000 per household awarded, costs and 25% legal-fee cap ordered.
Restitution – equitable redress – solatium for trauma and humiliation; Financial Compensation Policy does not subsume s33 Restitution Act factors; pleading and quantum of solatium; contingency fee enforceability and 25% overall legal-fee cap.
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14 January 2025 |
| December 2024 |
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Interdict granted preventing degazetting of a published land claim pending resolution of related restitution proceedings.
Land restitution — interim interdict to prevent administrative withdrawal (degazetting) of a published claim pending litigation; urgency of relief where withdrawal would render pending relief nugatory; waiver of without‑prejudice privilege by reliance on meeting minutes; section 11A Restitution Act requires investigation before withdrawal; administrative action potentially ultra vires if taken while related proceedings pending.
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13 December 2024 |