Rakgase and Another v Minister of Rural Development and Others (33497/2018) [2019] ZAGPPHC 375

6th September 2019

Rakgase and Another v Minister of Rural Development and Others (33497/2018) [2019] ZAGPPHC 375

Click here to read the full judgment on Saflii

Land - Land Reform - Duty of State - failure to comply with Constitutional imperatives - decision not be sell land to an African farmer who qualified for a grant - failure to convert tenuous land rights when able to do so - amounting to a breach of Constitutional obligation.

Administrative action- review - Failure to furnish reasons, failure to act rationally, failure to act reasonably, failure to hear an affected person - decision not to sell State land to 78 year old applicant but to a decide on a long term (30 years) lease reviewable on all these grounds.