Land Claims Court Judges Archives

Protected continued occupation: Farm property and ESTA

by GilesFiles | Aug 5, 2025 | Agriculture, Applications, Causes and defences, Courts, Declaratory, Disallowed, Eviction/ejectment, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Land Claims Court, Land Claims Court Judges, Lawfulness & fairness, Legal Practice, Legislation, LRA 1995, LRA D: 151-166 LC, Orders, Parties, Private enterprises, Refused, Rules Codes & Manual, Sectors, Statutory, Termination (LRL 8), Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Reviewing eviction order: Employment terminated

by GilesFiles | Jan 15, 2025 | About GilesFiles, Agriculture, Applications, Bill of Rights, Causes and defences, Conduct & capacity, Costs, Courts, Declaratory, Eviction/ejectment, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Land Claims Court, Land Claims Court Judges, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, LRA D: 151-166 LC, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Restoring land rights: Compensation awarded

by GilesFiles | Oct 4, 2023 | Agriculture, Applications, Bill of Rights, Causes and defences, Central, Courts, Declaratory, Dignity equality freedom, Government, Interpretation etc, Judges, Land Claims Court, Land Claims Court Judges, Legal Practice, Orders, Parties, Sectors, State organs, Statutory, Topics | 0 |

Izaacs v Government of the RSA What relevant factors need to be considered by the land claims court when awarding compensation in a dispute concerning restoring land rights? “31. In a case confined to compensation, s 33...

Jurisdiction to evict occupier: Leave to appeal

by GilesFiles | Jun 21, 2023 | Agriculture, Allowed, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Contractual breach, Costs, Courts, Eviction/ejectment, Interpretation etc, Judges, Jurisdiction & powers, Land Claims Court, Land Claims Court Judges, Legal Practice, Orders, Parties, Private enterprises, Rules Codes & Manual, Sectors, Statutory, Topics | 0 |

Goedverwachting Farm (Pty) Ltd v AJR When is jurisdiction of LCC ousted when deciding whether or not to evict occupier carrying on farming operations by himself? “[15] Considering the Applicant’s submissions, the...

Eviction order refused: Not just and equitable

by GilesFiles | Feb 7, 2023 | Agriculture, Bill of Rights, Causes and defences, Costs, Courts, Declaratory, Dignity equality freedom, Judges, Land Claims Court, Land Claims Court Judges, Legal Practice, Legislation, Objective - correctness, Orders, Parties, Private enterprises, Review tests, Rules Codes & Manual, Sectors, Statutory, Thresholds, Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Grazing livestock rights: Tacit consent granted

by GilesFiles | Nov 11, 2022 | Agriculture, Applications, Bill of Rights, Causes and defences, Contractual breach, Courts, Declaratory, Eviction/ejectment, Evidence & onus, Interdicts & rules, Judges, Jurisdiction & powers, Land Claims Court, Land Claims Court Judges, Legal Practice, Legislation, Orders, Parties, Refused, Sectors, Statutory, Topics, Trustees | 0 |

Moladora Trust v Mereki On what basis do occupiers of farm land enjoy livestock grazing rights and is tacit consent sufficient to establish that right? “”32. The conclusion that there was tacit consent is, in my...

Occupier construction rights: Improve not build

by GilesFiles | Oct 5, 2022 | Agriculture, Applications, Bill of Rights, Causes and defences, Costs, Costs not awarded, Courts, Declaratory, Evidence & onus, Granted, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Land Claims Court, Land Claims Court Judges, Legal Practice, Legislation, Orders, Parties, Private enterprises, Rules Codes & Manual, Sectors, Statutory, Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Restoring land rights: Community not proved

by GilesFiles | Mar 16, 2020 | Agriculture, Applications, Central, Costs, Costs punitive, Courts, Declaratory, Evidence & onus, Exceptions/special pleas, Judges, Jurisdiction & powers, Land Claims Court, Land Claims Court Judges, Legal Practice, Legislation, Orders, Parties, Private enterprises, Rules Codes & Manual, Sectors, Special pleas, Topics | 0 |

Luhlwini Mchunu Community v Hancock Restoring land rights confined by law to persons who are a community or part of a community dispossessed of a right in land after 19 June 1913 as a result of past racially discriminatory laws...

Community claim fails: Land rights not dispossessed

by GilesFiles | May 30, 2018 | 2018, Agriculture, Courts, Judges, Land Claims Court, Land Claims Court Judges, Landmark judgments, Legislation, Sectors, Topics | 0 |

Elambini Community v Minister of Rural Development and Land Reform Community claim fails: This judgment of the land claims court is significant because it considers the evidence required to prove that a community actually...

Category: Land Claims Court Judges