Browsing: Land Claims Court

The Land Court has set aside an eviction order against Vusumuzi Kubheka and his family after finding that their removal from a farmhouse on Wydgelegen farm was a relocation dispute, not an eviction under ESTA. Acting Judge Maluleke ruled that the magistrate applied the wrong legal framework and sent the matter back for reconsideration with fairness and mediation at the centre.

Publication of land in the Government Gazette as a claimed land has serious consequences for the owner. He can no longer deal with the claimed land as he pleases and without the consent of the Regional Land Claims Commissioner. Claiming someone’s land as your is a serious matter and the claim must strictly comply with the requirements of the Act.

Farm owners and occupiers must engage before any construction takes place. The Land Claims Court ruled that building on a farm without the owner’s permission can lead to legal consequences, even for long-term ESTA occupiers.

The Land Claims Court has restored Zandfontein and Bultfontein farms to the Bakgatla Ba Mocha Ba Maubane and Maloka communities, ruling apartheid-era proclamations unconstitutional.

The High Court blocked Selina Masete’s eviction, ruling that social grants are not “income” under ESTA. Surviving solely on state support, she qualifies as an occupier, and the eviction under PIE was dismissed.

A court interdict has stopped a contested AGM in the MalaMala land restitution dispute, exposing deep divisions over leadership, exclusion, and land justice.

“The Land Claims Court has ruled the eviction of the Khiba family from the Quaggafontein farm in the Free State unlawful