CCT19/03

[2003] ZACC 18

2004 (5) SA 460 (CC)

2003 (12) BCLR 1301 (CC)

The Court

4 and 5 September 2003

14 October 2003

http://hdl.handle.net/20.500.12144/2176

Land Claims Court dismissed claim for restitution of land by the Richtersveld Community in : Richtersveld Community and Others v Alexkor Ltd and Another 2001 (3) SA 1293 (LCC). Land Claims Court (LCC) dismissed an application for leave to appeal in Richtersveld Community and Others v Alexkor Ltd and Another [2001] (4) All SA 563 (LCC). Supreme Court of Appeal granted leave to appeal, set aside the Land Claims Court order and granted relief to the Richtersveld Community in : Richtersveld Community and Others v Alexkor Ltd and Another 2003 (6) SA 104 (SCA) ; 2003 (6) BCLR 583 (SCA).

Unanimous judgment of the Court. Appeal against the order of the Supreme Court of Appeal (SCA) was dismissed because the Court found that, contrary to the submissions of the Applicant, the Court had jurisdiction to hear the matter. The case raised a constitutional matter because it involved the interpretation and application of the Restitution of Land Rights Act 22 of 1994 which gives effect to a constitutional right, namely s 25(7) of the Constitution. The Court found that the respondent was dispossessed of its right in land after 1913 due to the racially-discriminating practices.