[n the matter between'

and

JUDGMENT

GILDENHUYS J: 
General background

●	
●	

in the estates.

his mother told him so.

Millin J summarised as follows:

refused

The remaining claims

dispossession.

(3)	. . . . 

a)	
b)	
c)	

no person shall:

relation to expropriations by the Federal Government:

shall be paid" 

does not incur oilier  losses."

becomes payable upon expropriation:

“

"This rule addresses itself to (he lawmaker"

He then proceeds to state:

Accordinu to van tier Walt:

“

The Pointe Gourde principle

compensation".

Agreements between the parties and between the expert witnesses

●	
●	
●	

 I

●	
●	
●	
●	

Mr Lungu

[57] Not only is the table of comparable "sales" on which Mr Lungu relied for comparable transactions in Ashley Gardens totally unreliable, but Ashley Gardens, which was then a fully serviced modern township on which considerable building activity had already taken place, is not comparable to the Highlands (which was badly laid out and had only unserviced stands).

[58]   Mr Lungu concluded, on his erroneous figures, that the

Mr Ferero

Mr Griffiths

[67] Mr Griffiths was asked to determine the market value of the subject properties in the Highlands as at the dates when the dispossessions occurred. He selected the comparable sales approacli to determine lite value of lots, as if vacant. To that he added the value of any improvements, determined on the basis of depreciated replacement costs, to establish the market value of improved lots

[68] Mr Griffiths considered Newiands township to be comparable to the Highlands. Newiands township was established in 1905. The general plan indicated 51 erven, varying in size from 2 500 square meters to 2 hectares. According to aerial photographs, there were limited development and no established infrastructure when the Highlands dispossessions occurred. That is also borne out by Mr Fercro's evidence. Newiands township is situated immediately adjacent to the Highlands, to the west thereof. Sales of erven in Newiands were not influenced or impeded by Group Areas legislation. Therefore sales of erven in Newiands would give a good indication of erf prices which might have been obtainable in the Highlands, if the Group Areas legislation had not exerted any negative influence.

[69] Mr Griffiths identified six arms length sales in Newiands which he considered might be comparable. 1 have added a calculation of the price per square metre. Particulars of the transaction
are as follows:

Boeghen

T/ship

T/ship

Date	Erf No		Seller	Price		
2/62	77	14568	Mac Robert	2000	13.72	
2/62	85	11186	Mac Robert	1600	14.3	
	71	4587	Fine	600	13.08	
5/64	98	10207	Centurion	3000		
4/64	10	5140	Golberg/Boyes	700	13.71

	
Date			Seller	Price		
4/64		2552	Goldberg/Boyes	400	15.67	
4/64	15	5104	Mc Dougell	1000	19.59	
4/64	44	5104	Courtney	720	14.1	
4/64	62	2662	Courtney	400	15.02	
5/64	92	5104	Douglas	1500	29.39	
6/65	83	5105	Roche	800	15.67	

Adjusting the amount of market value to arrive at just and equitable compensations

the owner."

en Hawens:

Conclusion

[82] ] have prepared two schedules, which will be annexed to this judgment. The first schedule show in respect of each erf:

- the number of the erf
- the vacant land value of the erf;
- factors taken into account to arrive at the vacant land value of the erf, within the confines ofthe range of values determined for the applicable size group; the - depreciated replacement value of the improvements on the erf (as agreed); and the - market value of the improved erf, which would constitute the just and equitable compensation for the erf, calculated as at date of dispossession.

Year of dispossession   			Factor to be applied to under-compensation

I960	31.95	
1961	31.95	
1962	31.21	
1963	31.21	
1964	30.5	
1965	29.17	
1966	27.96	
1967	27.39	

[84]   Lastly, I have prepared a second schedule which shows, in respect of each claim:

●	the compensation actually received at the time of dispossession;
●	the compensation which would have been just and equitable at the time of dispossession (calculated as set out in the first schedule);
●	
●	the amount of any such shortfall, increased to 29 February 2000 values, using the factors set out in par [83] above.

The increased amounts ofthe shortfalls are the amounts which will be awarded as compensation.

●	
●	Calling wit ncsscs of its own accord to arrive at the truth of the matter..."

I do not believe that because this Court has these powers, it is required to build a case for any party. The Government of South Africa, through the legal aid system, is providing the financial resources for the claimants to prosecute their case, albeit on a restricted budget. The Department of Land Affairs has its own access to government funds which enabled it to thoroughly investigate and present their case.

(b)	Claim 2, claimant Martha Orthelia Buys, the claim is hereby dismissed;

(f)	Claim 6, claimant Harriet Mabel Hendriks, the claim is hereby dismissed;

(j)	Claim 10, claimant Cleone Heather Poole, compensation is awarded in an amount of R5 680.22;

(l)	Claim 12, claimant William Dormack, the claim is hereby dismissed;
(m)	Claim 13, claimant Flora Januarie, the claim is hereby dismissed;
(n)     	Claim 14, claimant Mervin Daniel Hartell, the claims in respect of both properties are hereby dismissed;

(q)	Claim 18, claimant Petrus Alfred Ankowitz, the claims in respect of both properties are dismissed; 
(r)	Claim 19, claimant Ivan Kamoo, compensation is awarded in an mount of R13 738.50;
(s)	Claim 20, claimant Ivan Kamoo, the claim is hereby dismissed;

(x)     	Claim 25, claimant George Seckle, compensation is awarded in an amount of R17 727.28;
(y)     	Claim 26, claimant George Seckle, compensation is awarded in an amount of R561.78;
(z)     	Claim 27, claimant George Seckle, the claim is hereby dismissed; 

R17 227.92;

R9 831.15 in respect of the remaining extent of lot 58, and in an amount of
R9 585 in respect of portion 3 of lot 58.; 
(hh)    	Claim 38, claimant Gilbert Nicolson, compensation is awarded in an amount of
R38 979.00;

JUDE A GILDENHUYS

S GOLDBLATT 
*ASSESS(OR

For the plaintiffs: