1. PORTFOLIO COMMITTEE ON RURAL DEVELOPMENT AND LAND REFORM
PRESENTATION ON
RESTITUTION COURT CASES
13 APRIL 2011
MDUDUZI SHABANE
DIRECTOR-GENERAL

2. OUTLINE Number of cases (restitution) in court
Categories or types of litigation matters that arise in restitution
Nature of the disputes
How disputes are dealt with
Role of Department in each category or type
Challenges faced in dealing with litigation
Remedial Action in place
Court Orders

3. NUMBER OF CASES IN COURT
RLCC
Referral
Review
Direct
Access
Matters to compel payment of purchase price
Other (declaratory, interdict, etc)
Total
Percentage
Eastern Cape 3 1 4 11 4%
Free State & Northern Cape 5 20 6%
Gauteng & North West 14 15 7 44
14%
KwaZulu-Natal 71 13
114
37%
Limpopo 19 52
16%
Western Cape 6 8 2%
Mpumalanga 33 12 9 67
21%
147 63 10 37 59
316
100%
47%
20% 3%
12%
18%

4. CATEGORIES OF COURT CASES
Referral of disputes to court (s14)
Disputes are on validity of a claim (85%), quantum payable (10%), type or form of restitution to be provided (5%);
Role of Department is to refer the claim to court and present its research findings;
Claimants are required to prosecute their claim, i.e. bring evidence of entitlement to restitution; and
Where there is merit to the claim, the Minister abides by the decision of the Court

5. CATEGORIES OF COURT CASES (cont)
Review (s36)
Where a party affected by a decision taken by a functionary, in terms of the Restitution of Land Rights Act, is not satisfied with that decision or action and requires a court to review the decision;
Role of the Department is to provide information to the Court justifying the decision; and
Where Claimants initiate the review, prosecute it; where Claimants are affected (review brought by the current landowner) Claimants defend their right to restitution.

6. CATEGORIES OF COURT CASES (cont)
Direct Access (s38B)
Claimant may approach the Land Claims Court directly;
Claim must be lodged within the prescribed period;
Department’s role: to provide all relevant information; and
Where there is merit to the claim, the Minister abides by the decision of the Court

7. CATEGORIES OF COURT CASES (cont)
Specific Performance
Where there is:
Contractual arrangements, a party (mostly the Department or the Minister) does not honour the terms of the agreement;
Defence: the DRDLR / Minister defends; and
No merit: the matter is resolved amicably.
Order instructing DRDLR to pay purchase price or interest.

8. CATEGORIES OF COURT CASES (cont)
Other (declarator, interdicts, etc)
Where there is:
An order for the court to determine a state of affairs;
One party requires of the other parties to do or to stop doing something;
Merit: the matter is resolved amicably; and
where there is no merit, the matters are opposed.

9. Existing court orders NAME OF CLAIM PROVINCE TYPE OF COURT ORDER
DATE OF ISSUE
BUDGET ALLOCATED
DATE TO BE PAID
1. Msobotsheni
KZN
Specific performance
( purchase price & interest)
5 May 2009 R
Within 10 days of transfer
2. Gujini
15 November 2010 R
3. BJ Nicholson
3 May 2010
Interest on
R6 million
End April
4. Lussern Vallei (Silindokuhle)
LCC154/2008
Second 50% of the purchase price
5. Shep 11
8 July 2010
Interest amount being calculated by external accountant
6. Gumbi
August 2010 R
7. Van Coller
Limpopo
25 January 2011
Disputed interest
Set down April 2011
8. Beukes
9. Du Toit
10. JH Coetzee
Mpumalanga
18 August 2010
R304,

10. Existing court orders Continues…
NAME OF CLAIM
PROVINCE
TYEP OF COURT ORDER
DATE OF ISSUE
BUDGET ALLOCATED
DATE TO BE PAID
11. Mostert
Mpumalanga
Specific performance
(purchase price & interest)
24 June 2010
Interest on
R12,
End April
12. Opperman
21 February 2011 R
13. Grobler
31 March 2011 R
14. Huma Family
GP&NW
29 October 2009 R
Matter awaiting court directive on verification
15. Mokala Bellegings
LCC12/2010
Disputed interest
Matter still in court
16. Roodepoort
2005
R649 066

11. THE END THANK YOU