Haakdoornbult Boerdery CC v Mphela and Others

The Mphela family, through their ancestor Phali Mphela, lawfully purchased the farm Haakdoornbult in 1913 before the promulgation of the Natives Land Act 27 of 1913. After Phali’s death, the farm was registered in the name of his son Daniel Rakgokong Mphela, subject to a 1932 family agreement granting the wider Mphela family customary-law rights to reside on, use and cultivate the land. The farm became a so-called ‘black spot’ in a white farming area. Under pressure from racially discriminatory land policies, the family agreed in 1951 to sell Haakdoornbult to white farmers (the Bothas) so that they could relocate to another farm, Pylkop, which they purchased using the proceeds. Despite the sale, the family resisted relocation and remained on Haakdoornbult until they were forcibly removed in 1962. The land was later subdivided and transferred to various owners. The Mphela family lodged a restitution claim as a community. The Land Claims Court upheld the claim and ordered restoration of the entire original farm. Several current landowners appealed to the Supreme Court of Appeal.

The appeal was upheld in part. The order of the Land Claims Court granting restoration of the whole farm was set aside and replaced with an order granting partial restoration of three of the four portions of the original Haakdoornbult farm. The issue of any contribution payable by the claimants in respect of certain portions was referred back to the Land Claims Court for determination. The cross-appeal was struck from the roll.

The case is a leading Supreme Court of Appeal authority on the effect of compensation received at the time of dispossession on restitution claims. It clarifies that receipt of market-related compensation does not automatically bar restitution, but must be weighed to avoid over-compensation. The judgment also affirms that customary-law use and occupation rights can constitute ‘rights in land’ for restitution purposes and emphasises the flexible, equitable nature of remedies under the Restitution of Land Rights Act, including partial restoration.