Professional Update
A
monthly newsletter for KZN Attorneys from the Kwazulu-Natal Law Society

1 June 2009

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

InfoUpdate 11 of 2009
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 Court of South Africa - http://www.saflii.org.za/za/cases/ZALCC/

4 March 2009
LCC103/08 [2009] ZALCC 2
Gate Development (Pty) Ltd and Another v Mahlangu and Others

Court rejects attempt to increase claimants' list - 4 May
The Land Claims Court has turned down an attempt by 11 people to increase a list of 587 claimants of the Ndabeni land restitution. According to the Cape Times, the decade-old claim has been the subject of squabbling among claimants and people who have wanted to replace the trustees. The 11 were among those who had also questioned the status of the Kwandabeni Community Trust trustees. -
Legalbrief website

11 trustees elected for Ndabeni restitution - 11 May
A total of 11 trustees were elected to oversee the decade-old Ndabeni land restitution project, which has been plagued by squabbles among claimants about the status of the former trust, and allegations of corruption. A Cape Times report says under tight security, an intensive verification process preceded Saturday's election as officials from Land Affairs and the office of the Land Claims Commissioner spent about four hours checking the identification of claimants who came to the meeting. -
Legalbrief website

Randburg

Initiation against my religion : farmer - 14 May
Initiation schools are against the religion of the Dutch Reformed Church and, according to this religion, it would be sinful behaviour and "in breach of the commandments of the Almighty God" to consent to such practices. These are some of the reasons stated by Bapsfontein farmer Jacob Visagie, for refusing permission to a family living on his farm to host an initiation school on his property. The Ndala family, who have been living on the farm for some time, intend taking Visagie to the Randfontein Land Claims Court on Monday regarding his refusal to allow them to host the traditional ceremony on the farm. -
IOL website

'It would be sinful behaviour on our part' - 20 May
The Ndala family will have to wait until at least Friday to know whether they will be able to have an initiation ceremony for their sons on the land on which they live. And because of the delay, the family's four young men will not be joining about 3 000 others for the first part of the ceremony at their chief's home in Mpumalanga. Johan Botha, for the Visagie family, said the reasons why the school had to be on that particular farm were not clear. "We know that these schools are part of culture in our country but why here?" he asked. Botha said Visagie was also worried about the threat of veld fires. - IOL website

Farm initiation school gets go-ahead - 25 May
The Land Claims Court sitting in Randburg has granted the application by farm residents to hold a Ndebele initiation school on the farm. According to a Beeld report, the court granted the family permission to continue with the cultural tradition despite opposition by the farm owner. The Ndala family claimed rights in terms of the Extension of Security of Tenure Act. The farm owner cited religious convictions and security concerns as grounds for his opposition. - Legalbrief website

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