Emfuleni Resorts (Pty) Ltd and Another v Mazizini Community and Others

The Land Claims Court awarded restoration of land comprising the Fish River Sun Hotel Complex to the Mazizini Community under s 35(1) of the Restitution of Land Rights Act 22 of 1994. The land was owned by Emfuleni Resorts (Pty) Ltd and Sun International (Ciskei) Ltd, who appealed on the appropriateness of restoration rather than compensation. Before the appeal was heard, the Prudhoe Community, which had lodged a land claim in December 1998 in respect of the same land, applied to the Supreme Court of Appeal for rescission of the Land Claims Court order and remittal, alleging that its competing claim had never been considered. The Regional Land Claims Commissioner (RLCC) sought a postponement of the appeal and rescission application to investigate the Prudhoe claim, despite having failed for over a decade to process or disclose it to the Land Claims Court.

The RLCC’s application for postponement was dismissed with costs. The Prudhoe Community’s application for rescission of the Land Claims Court judgment was upheld with costs. The appeal was struck from the roll. The RLCC was ordered to pay the costs of the appeal and all costs relating to the proceedings in the Land Claims Court.

The case underscores the statutory duties of the Regional Land Claims Commissioner to investigate, process, and disclose competing land claims, and affirms that failures in this regard can justify rescission of restitution orders. It clarifies that the validity and adjudication of competing land restitution claims fall within the exclusive competence of the Land Claims Court, and it reinforces strict principles governing postponements and accountability for costs where state officials fail in their obligations.