Jazz Spirit 12 (Pty) Ltd & others v The Regional Land Claims Commissioner: Western Cape & others

The second and third respondents lodged a land restitution claim in respect of Erf 2274 Constantia (Sillery Farm), alleging dispossession under racially discriminatory laws. The appellants opposed the claim. After a lengthy trial, the Land Claims Court found in favour of the claimants, holding that they were dispossessed under discriminatory laws and that the compensation paid was not just and equitable. As the claimants opted for alternative state land rather than restoration, the court ordered allocation of alternative land. Both parties achieved substantial success, and the Land Claims Court made no order as to costs, reasoning that the claimants had succeeded against the State and that cost orders are generally not made in land restitution matters. The appellants appealed solely against the costs order. Separately, an intervening party sought to intervene and rescind part of the Land Claims Court judgment relating to alternative land allocated, alleging it occupied that land as a tenant and had made substantial improvements.

The appeal against the costs order was dismissed. No order as to costs of the appeal was made.

The case confirms that appeals limited to costs in land restitution matters will generally be dismissed under section 21A of the Supreme Court Act unless truly exceptional circumstances are shown. It reinforces the cautious approach to costs in social justice litigation under the Restitution of Land Rights Act and clarifies the limited scope of section 35(11) rescission where an appeal is pending only on costs.