Overview

We are well versed with the applicable legislation pertaining to property law including land restitution processes, including:

  • Restitution of Land Rights Act 22 of 1994;
  • Extension of Security of Tenure Act 62 of 1997;
  • Interim Protection of Informal Land Rights Act 31 of 1996;
  • Labour Tenants Act 3 of 1996;
  • Communal Property Association Act 28 of 1996;
  • Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998;

A few notable matters we have advised on in this area are the following:

  • Tebogo Malatji and Sayi Nindi act on behalf of the Nwandlamharhi Communal Property Association (“the CPA”) representing the Mhlanganisweni Community where they are challenging the settlement agreement reached with government concerning their land claim. The CPA is approaching the land claims court to seek an order amending or varying the provisions of the CPA Constitution.
  • Sayi Nindi acted for various communities including communities around mining towns. She represented the Thekwane Community from the North West Province who had instituted a section 3 claim in terms of the Restitution of Land Rights Act 22 of 1994. What made this land claim unique was the fact that this community was not seeking to have land restored to them as they had not been dispossessed of the land, but rather, they were seeking to have the current title deed of the land amended to indicate that they were the rightful owners of the land and not the Royal Bafokeng Nation.
  • While at the Legal Resources Centre, Sayi was part of a team which made submissions as an amicus curiae on behalf of Nkuzi Development Association at the Supreme Court of Appeal in the Baphiring Community’s land claim. The amici’s submissions supported the claim of the Baphiring Community for the return of their land. The judgment is reported sub nom The Baphiring Community v Tshwaranani Projects CC (806/12) [2013] ZASCA 99.
  • Molatelo Daniel Mathikithela was responsible for the registration of servitudes pertaining to the Rea Vaya Bus Rapid Transit (BRT) project of the City of Johannesburg Metropolitan Municipality. He was responsible for the registration of the servitudes in favour of the City in order to facilitate for the building and construction of the bus routes, stations and bus depots. He was also responsible for assisting the Johannesburg Development Agency who were responsible for the management of the project in drafting contracts for acquiring land from property owners, which land he would be responsible for the transfer thereof to the City. Moreover, Molatelo Daniel Mathikithela was also responsible for initiating expropriation of private land so required for purposes of the BRT project where cooperation from land owners was not forthcoming.
Client

Multiple Clients