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Alexkor Ltd and Government of the Republic of South Africa v. Richtersveld Community and Others

South Africa.  24 March 2003 ; 14 October 2003 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

Human rights — Property rights — Recognition of indigenous land rights — Whether indigenous Nama people of Richtersveld entitled to restitution of land — Section 2(1) of Restitution of Land Rights Act 1994 — Interpretation — Act applying retroactively — Legal rights of indigenous inhabitants to strip of land in Richtersveld — Whether rights including ownership of minerals and precious stones — Determination of nature and content of land rights — Determination of law governing land rights — Indigenous law — Character of indigenous title to land — Nature and content of rights in land prior to annexation of territory in 1847 — Legal consequences of annexation — Whether land rights surviving annexation — Nature of land rights before and after 19 June 1913 — Whether dispossession of land by State — Precious Stones Act 1927 — Scope and effect of Act — Racial discrimination — Whether dispossession result of racially discriminatory laws or practices

Territory — Title — Effects of change of sovereignty — Annexation — Annexation of Richtersveld by British Crown on 23 December 1847 — Acquisition of sovereignty by British Crown upon annexation — Legal consequences of annexation — Effect of annexation on land rights of indigenous people — Whether extinguishing indigenous land rights — The law of South Africa

Type
Case Report
Copyright
© Cambridge University Press 2007

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