Alexkor Limited and the Government of the Republic of South Africa v The Richtersveld Community and Others

The Richtersveld Community, an indigenous community in the Northern Cape, claimed restitution of a strip of coastal land registered in the name of Alexkor Limited. The Community alleged that it had occupied and used the land for centuries under indigenous law, exercising exclusive beneficial occupation and exploiting natural resources, including minerals. After diamonds were discovered in the 1920s, the state ignored these rights and ultimately granted full ownership of the land to Alexkor. The Community lodged a restitution claim under the Restitution of Land Rights Act 22 of 1994, alleging dispossession after 19 June 1913 as a result of racially discriminatory laws or practices. The Land Claims Court dismissed the claim, but the Supreme Court of Appeal upheld it. Alexkor and the government appealed to the Constitutional Court.

The appeal by Alexkor and the government was dismissed. The order of the Supreme Court of Appeal declaring the Richtersveld Community entitled to restitution of the right to exclusive beneficial occupation and use of the subject land, including minerals and precious stones, was confirmed. The government was ordered to pay costs relating to its late application on an attorney-and-client scale.

This is a landmark decision recognising indigenous land rights under South African law. It confirmed that customary law ownership, including mineral rights, survived colonisation and annexation, and that such rights are protected under the restitution framework. The case significantly advanced constitutional recognition of indigenous law and informed subsequent land restitution and customary law jurisprudence.