Synopsis:
Land — Land reform — Claim for restitution of rights in land — Claim by community in terms of section 2(1)(d) of Restitution of Land Rights Act 22 of 1994 — Rights in land — Meaning of — Includes beneficial occupation, labour-tenancy, customary interest — Generous interpretation employed — Exclusive ownership not required — Existence of parallel rights recognised
Land — Land reform — Claim for restitution of rights in land — Dispossession — Meaning of — Subdivision of land through Court Order — No consultation with inhabitants — Constitutes dispossession
Land — Land reform — Claim for restitution of rights in land — Admission of evidence in terms of section 30(1) and (2) of the Restitution Act — Expert and historical evidence — Evidence assessed using ordinary rules
Land — Land reform — Purpose of Restitution Act — Recognition of rights of landowners