The N’Wandlamhari Communal Property Association and Another v Mathebula and Others

The N’Wandlamhari Communal Property Association (NCPA) and the Mhlanganisweni Community instituted a main action seeking declaratory relief on who is entitled to membership of the NCPA and to share in the benefits of the MalaMala land, a property purchased by the State for restitution purposes. A dispute arose because members of the Mavhuraka Community, who are included as beneficiaries under the NCPA Constitution, were excluded from participation and from an alleged resolution authorising the litigation. In earlier preliminary proceedings, the Land Court declared that the NCPA had not duly authorised the litigation, as the resolution relied upon (taken on 9 March 2019) was adopted at a meeting that excluded Mavhuraka Community members. The plaintiffs applied for leave to appeal against that declaratory order.

Leave to appeal to the Supreme Court of Appeal was granted on the merits grounds pleaded in paragraphs 11 to 17 of the application for leave to appeal. Leave to appeal on all other grounds was refused. No order as to costs was made.

The judgment clarifies the application of the audi alteram partem principle in complex communal land disputes and underscores that issues of authorisation and membership in communal property associations must be assessed against their constitutions and pleaded disputes. It is significant for land restitution litigation involving CPAs, particularly where internal community divisions affect litigation authority.