Restitution of Land Rights Act 22 of 1994 Archives

Examining settlement agreement: Absence of concurrence

by GilesFiles | Dec 2, 2024 | 2020 onwards, Allowed, Appeals, Appeals - leave, Causes and defences, Central, Contractual breach, Courts, Declaratory, DN Unterhalter, Government, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Review tests, SCA judges, Sectors, State organs, Statutory, Supreme Court of Appeal, 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,...

Community concept considered: Restitution of rights?

by GilesFiles | Nov 4, 2024 | 2020 onwards, Agriculture, Appeals, Bill of Rights, Causes and defences, Costs, Courts, Declaratory, Disallowed, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Private enterprises, Recusal, Rules Codes & Manual, SCA judges, Sectors, Statutory, Supreme Court of Appeal, 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...

Reasonably remediate nuisance: Curbing criminals

by GilesFiles | Apr 26, 2023 | 2020 onwards, Applications, BC and HOAs, Causes and defences, Community schemes, Costs, Courts, Declaratory, Eviction/ejectment, Evidence & onus, Government, Granted, High Court, High Court judges, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Metro, Orders, Parties, Roman Dutch law, Rules Codes & Manual, Sectors, Statutory, Topics | 0 |

BC The Six Sectional Title Scheme v City of Cape Town When will an order of reasonably remediate (to restore by reversing or stopping environmental damage) nuisance be granted? ‘[20] The applicant accepts that it has no...

Notice doctrine considered: Rights of access

by GilesFiles | Oct 3, 2022 | 2020 onwards, Allowed, Appeals, Appeals - leave, Associations/corporates, Causes and defences, Community schemes, Contractual breach, Costs, Courts, Evidence & onus, Judges, Legal Practice, LRA 7: 112-184 Dispute, Orders, Parties, Private enterprises, Roman Dutch law, Rules Codes & Manual, SCA judges, Sectors, Supreme Court of Appeal, Topics | 0 |

N’Wandlamharhi Communal Property Association v Westcott When should the doctrine of notice be enforced to enable occupation and viewing rights over land to be registered against the title deed? [34] As I have said, the...

Restoring land rights: Community not proved

by GilesFiles | Mar 16, 2020 | Agriculture, Applications, Central, Costs, Courts, Declaratory, Evidence & onus, 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...

Land tenure rights: Violation of women’s rights

by GilesFiles | Oct 30, 2018 | 2018, 2018, ConCourt judges, Constitutional Court, Costs, Courts, Judges, Just and equitable relief, Landmark judgments, Legal Practice, Legislation, Sectors, Topics | 0 |

Rahube v Rahube Upgrading land tenure rights considered in great detail and this is a significant judgment concerning the constitutional right to equality and the crafting of just and equitable relief. “The oppression that...

Customary law triumph: Constitutional protection of rights

by GilesFiles | Jun 1, 2018 | 2018, 2018, Agriculture, Bill of Rights, Causes and defences, Courts, Customary Law, Dignity equality freedom, Judges, Landmark judgments, Legislation, SCA judges, Sectors, Supreme Court of Appeal, Topics | 0 |

Gongqose v Minister of Agriculture, Forestry and Fisheries Customary law triumph: A significant judgment of the SCA “It is true that the right to culture cannot be exercised in a manner inconsistent with other rights, and...

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...

Land dispossession: When is restitution appropriate

by GilesFiles | Dec 11, 2017 | 2017, 2017, Bill of Rights, ConCourt judges, Constitutional Court, Courts, Edwin Cameron, Judges, Landmark judgments | 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,...

Reclaiming rights to communal land

by GilesFiles | Dec 13, 2016 | 2016, Statutes (LRL 2)-work, Supreme Court of Appeal | 0 |

With Cachalia JA dissenting forcibly, a majority of the SCA disallowed an appeal by 16 landowners against an order of the Land Claims Court (the LCC). It concerned a dispute over land rights in respect of a portion of land once...

Statutory interpretation: Mandatory constitutional canon

by GilesFiles | Aug 20, 2015 | 2015, 2015 and earlier, Associations/corporates, Bill of Rights, Community schemes, ConCourt judges, Constitutional Court, Courts, Interpretation etc, Judges, Land Claims Court, Landmark judgments, Legal Practice, Legislation, Miscellaneous, Parties, Sectors, 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,...

Tag: Restitution of Land Rights Act 22 of 1994