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The same applies to Maccsand CC v Macassar Land Claims Committee others 2005 2 All SA 469 SCA another decision of this court. In the Maccsand case the Macassar Land Claims Committee brought a claim in the Land Claims Court for restoration of the erf on which Maccsand conducted its sand mining operations on the basis of unregistered commonage rights previously held by the owners of certain lots situated adjacent to the erf. This court said 8 It is settled law that in determining whether a...

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