Mahlangu Family v Minister of Rural Development and Land Reform and Others

In December 1998 an attorney lodged an individual land restitution claim under the Restitution of Land Rights Act 22 of 1994 on behalf of Ms Mavis Sikhosana in respect of the farm Mooikopje (initially also Badplaas). The claim was poorly completed and lacked material details. A research report by the Regional Land Claims Commissioner (Mpumalanga) contained errors and suggested the claim was on behalf of the Mahlangu family, although the claim form and gazette notice reflected an individual claim by Ms Sikhosana. The claim was gazetted in August 2009. The Safy Trust, the landowner, objected, disputing Ms Sikhosana’s status as a claimant, particularly because she was born after (or in the same year as) the alleged dispossession. After a mandamus application, the RLCC was ordered to refer Ms Sikhosana’s individual claim to court. Instead, the claim was referred in 2012 citing the Mahlangu Family as claimant. The Safy Trust raised points in limine, including lack of locus standi and invalidity of the claim. On the trial date, the plaintiff sought an informal postponement to allow further research, which was opposed.

The application for postponement was dismissed. The referral report prepared by the Regional Land Claims Commissioner was set aside. The purported claim by the Mahlangu Family was dismissed for lack of locus standi. Ms Sikhosana’s individual claim was postponed sine die pending any further steps by her or the RLCC. The interested party (RLCC) was ordered to pay the second defendant’s costs from the date the referral report was filed.

The case underscores the strict statutory requirements for lodging, accepting, gazetting and referring land restitution claims under the Restitution of Land Rights Act. It affirms that an organ of state has no power to convert an individual claim into a family or community claim without compliance with the Act, and highlights the importance of locus standi and procedural legality in restitution matters.