Midlands North Research Group and Others v Kusile Land Claims Committee; Regional Land Claims Commissioner, KwaZulu-Natal and Others

A restitution claim was lodged in 1998 on behalf of the Kusile community for land in KwaZulu-Natal. The Regional Land Claims Commissioner (RLCC) investigated and referred the claim to the Land Claims Court, recommending restoration of 33 privately owned properties. The claim was opposed by landowners, who argued that the alleged dispossession related only to portions of land occupied by individual families as labour tenants, not a community holding land under shared rules. During proceedings it emerged that the RLCC’s investigation was flawed: maps were inadequate, properties were incorrectly described, some land was included by mistake, and the evidence suggested that no community ownership existed. Faced with these difficulties, the claimants abandoned restoration and opted largely for financial compensation. The landowners then sought costs against the Commission and/or the claimants for expenses incurred in opposing an unsustainable restoration claim.

The Land Claims Court granted an adverse costs order against the Land Claims Commission in favour of the opposing landowners in respect of the restoration proceedings.

The case is significant for clarifying that, despite the general reluctance to award costs in land restitution matters, the Land Claims Court will do so where the State, through the Land Claims Commission, conducts itself improperly. It affirms the application of Biowatch principles in restitution litigation and underscores the duty of the RLCC to conduct a proper investigation before referring claims.