Constitutional Court denies SARDA's appeal in Constantia land restitution case

The Constitutional Court refused direct leave to appeal with costs to the South African Riding for the Disabled Association (SARDA) against a Land Court order regarding a fifteen-year Constantia land restitution claim by the Sadien family. SARDA has called the decision an injustice, citing it as being flawed.

The court papers stated: “On application for direct leave to appeal from the Land Court of South Africa, Randburg: Leave to appeal directly to this Court is refused with costs."

The matter concerned Erf 2274, Constantia, which was dispossessed from the Sadien brothers in 1963 due to the Group Areas Act. In 2013, the Land Claims Court ordered the transfer of state-owned Erf 142, which SARDA occupied, to the Sadien family.

According to court papers, on November 13, the matter was heard and finalised.

In response to the outcome, SARDA said the judgement was flawed and an injustice.

"The Constitutional Court's judgment of November 13 2025 has perpetuated the injustice suffered by Sarda, whose rights were compromised by an illegally obtained Land Court order in 2013.In 2013, the Land Court unlawfully awarded supposedly vacant state land to an individual claimant, Sediek Sadien, contravening its own rules and the Restitution Act.

"In 2017, the Constitutional Court, without the full record or an oral hearing for Sarda, ruled that Sarda lacked standing to challenge the 2013 award. Justice Rogers indicated during a September 2025 hearing that the 2017 Constitutional Court judgment was based on an incorrect interpretation of section 35(9) of the Restitution Act, which was a vital component in denying Sarda standing. In November 2024, the Land Court substituted five family trusts (formed in 2014) for the successful individual claimant, Sediek Sadien. Sarda sought to intervene in the trusts' application for a drastic revision of the 2013 award, based on the advice that the 2017 Constitutional Court judgment was clearly wrong and that the Constitutional Court could correct its own mistake on appeal. The 13 November 2025 Constitutional Court judgment is flawed."

"Never to be forgotten. It should never be forgotten that SARDA, a Non-Profit, Public Benefit organisation, has served over 10 000 children and families living with disabilities for over 54 years. 95% of SARDA’s beneficiaries are children with disabilities from previously disadvantaged communities, who have been provided services free of charge, for over 44 years on the SARDA land, comprising 4 separate adjacent." 

The papers state that in 2017, the Constitutional Court granted SARDA's appeal to intervene but limited its interest as a lawful occupier solely to "just and equitable compensation" under section 35(9) of the Restitution of Land Rights Act. It found that SARDA had no interest in challenging the land transfer itself.

In 2024, the Land Court granted the Sadien family trusts leave to intervene and substitute themselves as the rightful claimants, but it dismissed SARDA's counter-application to amend or rescind the 2013 land transfer order, on the basis that it was bound by the Constitutional Court's 2017 finding limiting SARDA's interest to compensation.

SARDA sought direct leave to appeal the 2024 Land Court decision, arguing that the 2017 Constitutional Court order on standing was interlocutory or per incuriam (wrongly decided), thereby enabling it to challenge the land transfer.

The Constitutional Court, in a unanimous judgment by Judge Jody Kollapen, found that its 2017 order finally and definitively determined SARDA's standing, limiting it solely to compensation. Since SARDA failed to bring a proper application to rescind the 2017 order, and the order was final in effect, the Court held that SARDA lacked standing to oppose the intervention, bring the counter-application, and bring the appeal.

Stressing the importance of legal certainty, finality in litigation, and the need to advance the constitutional promise of restitution, the Court refused direct leave to appeal with costs..

Cape Argus also reached out to Sadien attorneys for comment on the outcome but has yet to receive a response.

According to a blog written by Igshaan Sadien in May 2025 and shared on the attorney’s website, titled “Constantia land claim settled,” Sadien wrote: “A landmark decision by the Land Claims Court has granted a Cape Town family ownership of a prime 8.9-hectare property in Constantia – a property that could be worth hundreds of millions of rands. This victory not only signifies a long-awaited return to land that was lost to the family over 50 years ago but also represents a significant step forward in the struggle for justice and land restitution.”

Providing background information on the legacy and plight of his family, he wrote: “The Sadien family’s connection to the land dates back to 1902 when Dout Sadien purchased the Sillery Farm property, originally used for agricultural purposes. In 1958, after Dout’s passing, his five sons bought the property for R22,000. However, in 1963, under the oppressive laws of the Group Areas Act, the family was forced to sell the farm. The buyer, Jacob Badenhorst, paid only R13,550 for the land – R8,450 less than the family had paid just five years earlier.”

He also provided insight into the legal battle, in which he said that he, Attorney Igshaan Sadien, a Sadien family member, spearheaded the case resulting in an amended ruling last month, awarding the family the 8.9-hectare Constantia property along Brommersvlei Road and Rathfelder Avenue. This corrected the initial court decision that cited 10 hectares but mistakenly identified a 2.6-hectare plot near Meadowridge.

He said via the blog that the family was satisfied with the 8.9-hectare property, which is currently occupied by  SARDA. The land's potential value is estimated at R210 million to R250 million, potentially higher if zoned and subdivided for residential use in the sought-after area. He said the family hoped to return to the land, citing it as a victory.

Get your news on the go, click here to join the Cape Argus News WhatsApp channel.

Cape Argus