The government’s delay in finalising land restitution claims brought almost 30 years ago has complicated things for the Dikgalaopeng in Limpopo, which is embroiled in a legal battle against two companies that are building a shopping complex on the land it claimed in 1997.

The Star reports that in a fresh round of the battles over the land valued at R10m, Tafelkop and Fontis Developments scored a victory against the community in the Land Claims Court (LCC).

Acting Judge President Yasmin Meer ruled in favour of the application brought by the two companies.

They took the community to court to fight it over a victory it scored at the Groblersdal Magistrate’s Court in March, which had interdicted them from continuing with the development of a shopping complex on the claimed land.

Tafelkop and Fontis argued that the Magistrate’s Court should not have heard the matter for lack of jurisdiction.  They submitted that the LCC had exclusive jurisdiction on the matter in terms of the Restitution Act.

Meer found in favour of this argument.

‘This court has sole jurisdiction in respect of the subject matter of the interdict as evident from ... the Restitution Act. The subject matter of the application before the magistrate has its genesis in the Restitution Act, over which this court has exclusive jurisdiction. The right which the (Dikgalaopeng community) sought to protect by applying for the interdict was their right to restitution, which the development by the applicants of the land claimed by them, could compromise.’

The Star report says the Magistrate’s Court monetary claims jurisdictional limit was another issue for Meer. She pointed out that the Magistrate's Court Act stipulated that Magistrate’s Courts entertained matters in which not more than R400 000 was at stake.

‘The applicants’ value of the undeveloped land of R10m is not disputed, and clearly places this matter beyond the jurisdiction of the Magistrate’s Court,’ she said. 'I am satisfied that the order of the magistrate stands to be reviewed and set aside.’

Howard Mahlase, lawyer for Dikgalaopeng community, said Meer’s ruling did not signal the end of the community’s fight against Tafelkop and Fontis, adds the report in The Star.

‘The LCC decided only on the issue of jurisdiction, that the Magistrate’s Court lacks jurisdiction to determine the matter. It did not entertain the merits of the case. We’re still going to pursue the matter with regards to its merits. The matter is not yet over. The community is saying that nothing should happen on that land until the finalisation of the claim,’ he said.

Full report in The Star

Judgment