Nothemba Mkutuka and Another v The Minister of Land Affairs and Others

The applicants, Nothemba Mkutuka and Nomtsha Mkutuka, brought a review application concerning correspondence issued by the Regional Land Claims Commissioner during the verification process of a land restitution claim under the Restitution of Land Rights Act 22 of 1994. In a judgment delivered on 21 July 2025, the Land Claims Court dismissed the review application on the basis that the impugned correspondence, including letters dated 25 June 2019 and 7 October 2019, did not constitute a final administrative ‘decision’ susceptible to review under the Promotion of Administrative Justice Act 3 of 2000 (PAJA). The matter was remitted to the Commissioner for final determination. The applicants then applied for leave to appeal against that judgment. A separate attempt by Mr Balekile France Mbebe to engage in the appeal process was also addressed, despite him not being a cited party.

The application for leave to appeal was dismissed, with no order as to costs.

The case reinforces the strict threshold for granting leave to appeal under section 17(1) of the Superior Courts Act and clarifies the distinction between provisional administrative correspondence and a final, reviewable ‘decision’ under PAJA. It is significant in land restitution jurisprudence for discouraging premature review proceedings and emphasising that claimants must await final determinations by land claims authorities before approaching the courts.