InfoUpdate
An Information Service supplied by the KwaZulu-Natal Law Society

26 February 2010

This professional service draws attention to current and important items of news
 and members are directed to the hosts' websites

InfoUpdate 5 of 2010
Recent Judgments 

Electronic copies of this information may be obtained from our librarians at help@lawlibrary.co.za or click on the underlined hyperlink where relevant

Land Claims Courts - http://www.saflii.org/za/cases/ZALC/ 

Cape Town

Development on prime Constantia site halted pending land restitution claim - 25 February
Land Claims Court Judge President Fikile Bam has ordered a halt in development of a prized R27 million Constantia property that is to be the subject of a land claim by a prominent Muslim family. The Sadien family farmed and built their own mosque on land now on Constantia Main Road, before being forced out by the apartheid government in 1963. Regional Land Claims commissioner Beverley Jansen said any attempt by the Badenhorsts to claim the land was acquired innocently would be to disregard the racially oppressive apartheid laws. - IOL website

Johannesburg

A landmark verdict - 24 February
A land claim has been refused in a watershed verdict because the community who laid claim to the land is unable to maintain the current food production. On Friday the land claims court in Johannesburg refused the Bahiring community's claim to the farms of eight landowners outside Koster in North West. It was found that relocating the community is not feasible, because, among other reasons, the land has high agricultural potential and the farms are intensively cultivated. Furthermore, E I Moosa, acting on behalf of the Land Affairs Department, said in his closing argument, it is not within the government’s financial means to successfully relocate the community - Witness website

SA court dismisses villagers' land claim - 26 February
A South African court has dismissed a black community’s land claim because the community would not be able to meet production levels current white farmers occupying the farmland have achieved. The current annual production on these farms is 1 800 calves, 5 900 tons of maize, 400 tons of beans, 470 tons of sunflower seed and 1 080 000 litres of milk. The court also ruled that relocating the community is not feasible because the government did not have funds. It would have cost the state more than R70 million to buy the farms from the landowners and a further R210 million to relocate the Bahiring community's 400 families and provide resources for them to continue cultivating the land. - The Zimbabwean website

North West land ruling slammed - 24 February
The Azanian People's Organisation has slammed a ruling by the Land Claims Court against claims made by the Bahiring community near Koster in the North West, saying it sets a "bad precedent". Spokesperson David Lebethe said it was unfair to dismiss a claim on the basis that the land in dispute had already been developed and that the community would not be able to use it productively. - News24 website

See also : Municipal manager hides in office [North Gauteng High Court]

InfoUpdate : an Information Service supplied by the KwaZulu-Natal Law Society