Judgment No. SC 13/18
Civil Appeal No. SC 469/13
Ref. HC 601/11
Ref. HC 9527/11
(a) an offer letter; or
(b) a permit; or
(c) a land settlement lease.
It is common cause that both appellants have no lawful authority in the form of an
Offer Letter, permit or land settlement lease authorising them to occupy and use the disputed
land. Their plea is for the acquiring authority to strip the first respondent of his rights acquired
in terms of his Offer Letter and confer them on the first appellant. They argue that the first
appellant is an indigenous person and it is not government policy to dispossess one indigenous
person of land in order to give it to another.
This Court has already determined that the court a quo correctly nullified Cecil
Michael Reimer’s ownership of the disputed land. It also correctly held that ownership of the
disputed land still vests in the second respondent. That being the case, the courts cannot protect
the appellant on the basis that the disputed land is owned or occupied by an indigenous person.
Although the first appellant is in occupation of the gazetted land and the second
appellant occupies it through a lease agreement, the occupation is unlawful. As already
determined elsewhere in this judgment the law and the courts cannot protect an illegality
regardless of the colour, nationality or race of the perpetrator.
This should really be the answer to the appellants’ argument in this respect, but
for the sake of completeness, there is need to look at the argument from a different perspective.
For that purpose I consider it necessary to determine whether the first appellant being a juristic
13
Select target paragraph3
Add to table of contents