A LANDMARK Land Claims Court judgment is set to change the handling of claims going forward, triggering warnings that investor confidence could be affected.Land claims have historically been a contentious issue and now the court has put paid to the idea that the market value of a property is the key factor to be considered.This week Judge Tembeka Ngcukaitobi ruled in favour of Msindo Msiza, who had been embroiled in a 12-year legal battle with the Department of Rural Development following its failure to reach an agreement with the landowner on the farm where he worked and lived with his family. Msiza, 60, had claimed 45ha of land of the 352ha farm that was bought by Dee Cee Trust in 1999 for R400000.Handing down judgment, Ngcukaitobi ordered that the state pay the landowner R1.5-million within 90 days and register the property in Msiza‘s name. This was despite the state‘s willingness to settle the claim at the market value of R1.8-million.“Despite the willingness of the state to pa...
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