Good News For Landowners Defending ‘Vexatious' Land Claims

Landowners who previously had to personally foot the bill for legal fees to successfully defend themselves against vexatious or frivolous land claims will now have the option to request a court to award costs orders against the state or its legal representatives. Lloyd Phillips reports.

- Lloyd Phillips

Two land reform legal experts say that landowners have been offered some respite following two recent precedent-setting costs orders issued against the state or its lawyers by the South African Land Claims Court (LCC).

Annelize Crosby, head of Agri SA’s Centre of Excellence on Land, said: “One of the biggest concerns of landowners who are confronted by [land] restitution claims is the cost implications of having to contest the validity of [these] claims in court. Litigation is very expensive, and restitution matters often complex. Restitution cases may be caught up in court for years and legal costs can run into millions of rand.”