Skip to content
Close Menu
ConvictionConviction
  • Home
  • Law & Justice
  • Special Reports
  • Opinion
  • Ask The Expert
  • Get In Touch

Subscribe to Updates

Get the latest creative news from FooBar about art, design and business.

What's Hot

Kwalindile and Zimbane communities face off in historic Mthatha land claim dispute

August 27, 2026

Approved Sea Point buildings closer than 4.5-metre rule permits challenged in court

August 27, 2026

South Africa cannot empower women while diabetes remains their leading cause of death

August 26, 2026
Facebook X (Twitter) Instagram
Trending
  • Kwalindile and Zimbane communities face off in historic Mthatha land claim dispute
  • Approved Sea Point buildings closer than 4.5-metre rule permits challenged in court
  • South Africa cannot empower women while diabetes remains their leading cause of death
  • Electoral Court finds GOOD breached Political Funding Act over undisclosed R900,000 donation
  • RAF loses two High Court battles in separate R9.4 million loss-of-earnings cases
  • Banking Ombud recovers R53 million for fraud victims in one year
  • Asylum seekers cannot be deported while their applications are being processed
  • Judge refuses father’s bid to evict estranged wife from family home pending care investigation
Facebook X (Twitter) Instagram
ConvictionConviction
Sonneblom
  • Home
  • Law & Justice
  • Special Reports
  • Opinion
  • Ask The Expert
  • Get In Touch
ConvictionConviction
Home » Kwalindile and Zimbane communities face off in historic Mthatha land claim dispute
Property Law

Kwalindile and Zimbane communities face off in historic Mthatha land claim dispute

Kennedy MudzuliBy Kennedy MudzuliAugust 27, 2026No Comments
Facebook Twitter Pinterest LinkedIn WhatsApp Reddit Tumblr Email
Share
Facebook Twitter LinkedIn Pinterest Email
  • The Kwalindile and Zimbane communities both lodged restitution claims for the Trust Farms and Erf 912 in Mthatha.
  • The court recognised Kwalindile’s claim to six Trust Farms but dismissed the claims of both groups to the commonage.
  • Judges ruled that temporary grazing rights could not be turned into ownership through restitution

The Kwalindile community said they were forcibly removed from Gqogqorha in 1963 and resettled on the Trust Farms. They claimed rights to six farms and also asserted grazing rights over Erf 912.

The Zimbane community claimed communal occupation of part of Erf 912, including grazing, residential, and burial rights, and asked for restoration of the undeveloped parts of the commonage.

The Land Claims Court found that both groups qualified as a community under the Restitution Act. It stated, “The starting point is the moment the Kwalindile were settled as a group by the apartheid government on land in Mthatha by reason of forced removal…they did not lose their identity as a community.”

Grazing rights under scrutiny

A key issue was whether historical grazing on Erf 912 created a right that could be restored. The court found that Kwalindile cattle were only allowed onto the commonage during the drought of 1968, and only as a temporary accommodation.

Judge B Spilg wrote, “The high water mark of the evidence led by the Kwalindile was that although they were relocated in 1963 on the Trust Farms, due to a drought in 1968…they were permitted to extend their grazing onto the commonage. However, at best that was a temporary accommodation during that specific drought period in 1968.”

On the broader legal question, the court held, “The effect is that the legislature does not entitle an ‘upgrading of rights’ through the Restitution Act.”

Historic agreement upheld

The Zimbane community also challenged an 1882 agreement in which Paramount Chief N’Gangelizwe ceded territory, including what would become the Mthatha commonage, to the then Cape Government. The court rejected this challenge.

“We are satisfied therefore that the August 1882 agreement cannot be attacked,” the court ruled. The agreement was found to have been properly executed and respected.

Court’s final order

The court upheld the Kwalindile community’s restitution claim to six Trust Farms. Thornhill was excluded. Both communities’ claims to Erf 912 were dismissed.

The Minister of Rural Development and Land Reform and the Regional Land Claims Commissioner must pay the legal costs of the municipality and the property owners involved.

Conviction.co.za

Get your news on the go. Click here to follow the Conviction WhatsApp channel.

Kwalindile Community Land Claims Court Mthatha Zimbane Community
Share. Facebook Twitter Pinterest LinkedIn Tumblr Telegram Email
Kennedy Mudzuli

Multiple award-winner with passion for news and training young journalists. Founder and editor of Conviction.co.za

Related Posts

Approved Sea Point buildings closer than 4.5-metre rule permits challenged in court

August 27, 2026

Court stops Kgosi from closing Makapanstad Usave supermarket

August 25, 2026

Judge tells Absa R5.28 million debt does not justify selling a family home

August 25, 2026
Leave A Reply Cancel Reply

Prove your humanity: 8   +   7   =  

Subscribe to our newsletter:
Top Posts

Making sectional title rules that work: A practical guide

January 17, 2025

Protection order among the consequences of trespassing in an ‘Exclusive Use Area’

December 31, 2024

Between a rock and a foul-smelling place

November 27, 2024

Irregular levy increases, mismanagement, and legal threats in a sectional title scheme

June 2, 2025
Don't Miss
Property Law
3 Mins Read

Kwalindile and Zimbane communities face off in historic Mthatha land claim dispute

By Kennedy MudzuliAugust 27, 20263 Mins Read

The Land Claims Court has settled competing restitution claims over the Trust Farms and Mthatha’s historic Erf 912 commonage, recognising Kwalindile’s claim to six farms while dismissing both communities’ claims to the commonage.

Approved Sea Point buildings closer than 4.5-metre rule permits challenged in court

August 27, 2026

South Africa cannot empower women while diabetes remains their leading cause of death

August 26, 2026

Electoral Court finds GOOD breached Political Funding Act over undisclosed R900,000 donation

August 26, 2026
Stay In Touch
  • Facebook
  • Twitter
  • WhatsApp
Demo
About Us
About Us

Helping South Africans to navigate the legal landscape; providing accessible legal information; and giving a voice to those seeking justice.

Facebook X (Twitter) YouTube WhatsApp Twitch RSS
Latest posts

Making sectional title rules that work: A practical guide

January 17, 2025

Protection order among the consequences of trespassing in an ‘Exclusive Use Area’

December 31, 2024

Between a rock and a foul-smelling place

November 27, 2024
OUR PICKS

Pretoria court registrar who issued fraudulent court orders struck off legal roll

August 17, 2026

Eskom ordered to tackle Kusile pollution with urgent 30-day environmental action plan

August 17, 2026

Constitutional Court cites UP professor in landmark copyright judgment

August 22, 2026
© 2026 Conviction.
  • Home
  • Law & Justice
  • Special Reports
  • Opinion
  • Ask The Expert
  • Get In Touch

Type above and press Enter to search. Press Esc to cancel.

Powered by
►
Necessary cookies enable essential site features like secure log-ins and consent preference adjustments. They do not store personal data.
None
►
Functional cookies support features like content sharing on social media, collecting feedback, and enabling third-party tools.
None
►
Analytical cookies track visitor interactions, providing insights on metrics like visitor count, bounce rate, and traffic sources.
None
►
Advertisement cookies deliver personalized ads based on your previous visits and analyze the effectiveness of ad campaigns.
None
►
Unclassified cookies are cookies that we are in the process of classifying, together with the providers of individual cookies.
None
Powered by