Minister of Department of Rural Development and Land Reform and Others v Selahle and Others

The State, through the Minister and land restitution authorities, brought an urgent application to interdict the respondents from occupying, demarcating, fencing, subdividing or otherwise dealing with Farm Thionville 305KT in Limpopo. The farm is State-owned land subject to competing land restitution claims lodged by different families and communities under the Restitution of Land Rights Act 22 of 1994. In August 2022, the respondents, including some land claimants, unlawfully occupied the farm and began demarcating, fencing and erecting temporary structures without giving the required written notice to the Regional Land Claims Commissioner in terms of section 11(7) of the Restitution Act. The applicants contended that this conduct would prejudice the restitution process and frustrate the objects of the Act.

The first to ninth respondents were interdicted from further demarcating, fencing, subdividing, rezoning or developing Farm Thionville 305KT pending finalisation of the land claims. They were ordered to remove all fences and demarcations within one month, failing which the Sheriff, with SAPS assistance, could do so. Service by affixing copies of the order on the farm was authorised. No order as to costs was made.

The case affirms the protective role of the Land Claims Court in safeguarding land subject to restitution claims from unlawful occupation and development. It clarifies the scope of sections 6(3) and 11(7) of the Restitution Act, confirming that the court may reverse unlawful conduct already undertaken, while also delineating the limits of its jurisdiction regarding evictions under PIE.