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The Baphiring Community and Others v Tshwaranani Projects CC and Others (806/12) [2013] ZASCA 99

9th September 2013

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The Baphiring Community and Others v Tshwaranani Projects CC and Others (806/12) [2013] ZASCA 99
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Restoration of land under Restitution of Land Rights Act 22 of 1994. State obliged to lead evidence regarding cost of restoration. Failure of Land Claims Court to call for such evidence constitutes a material irregularity that vitiates a nonrestoration order.

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Mluleki Martin Chithi and Others v Minister of Rural Development and Land Reform and Others (1203/2021; 1334/2021; 261/2022) [2024] ZASCA 149

Click here to read the full judgment on Saflii LAND TENURE – Restitution of rights – Whether “community” – Whether members derived possession and use of land from common rules – Rights individual occupiers may have enjoyed as labour tenants and later as farm workers – Were no longer derived from shared rules determining access to land held in common by a group in 1913 – Community claimants failed to prove that they constituted “community” as envisaged in the Restitution Act – Restitution of Land Rights Act 22 of 1994. →

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