Mahlangu NO v Minister of Land Affairs and Others

The Litho Ndzundza community, represented by its chief (the appellant), claimed restitution of approximately 35 000 hectares of state farmland north of Pretoria, alleging dispossession around 1917 due to racially discriminatory laws without compensation. A Gazette notice under s 12(4) of the Restitution of Land Rights Act 22 of 1994 had been published calling for all claims to be lodged. Although the community lodged its claim timeously, the Commission on Restitution of Land Rights declined to process it, forming the view that the community was not entitled to restitution and instead recommending land redistribution. When the state later intended to alienate part of the land, the community sought leave from the Land Claims Court (LCC) under s 38B to pursue its claim directly. The LCC refused leave, holding that the Commission’s recommendation precluded a restitution claim unless set aside on review.

The appeal was upheld. The order of the Land Claims Court was set aside and substituted with an order granting the appellant leave to lodge an application for restitution of land rights, to be filed within 30 days or such further period as the court may allow.

The case clarifies the scope of direct access to the Land Claims Court under s 38B of the Restitution of Land Rights Act and confirms that administrative views or recommendations by the Commission do not bar judicial determination of restitution claims. It reinforces the non-adjudicative role of the Commission and strengthens access to the LCC for claimants.