Malan has appealed the decision of Justice Michael Leburu of the High Court who upheld a judgment by the president of the Land Tribunal, Phetsholo Nare, in the matter. Among other things, Leburu dismissed Malan's claims for properties in Bokaa based on a letter of inheritance purportedly written by Malan's father, Abraham in 1994. The judge said that it was necessary that other evidence should have been produced to prove that the letter was indeed written by the senior Malan.
Leburu said that no relevance would be placed on the letter in the absence of such authentication. He therefore dismissed as baseless and unfounded Malan's claims. He arrived at a similar determination in Malan's other claims on a residential land in Kgatleng. He ruled that Malan cannot be compensated for Bokaa boreholes because they were not included in the donation letter. He said that Malan just claims that he inherited the boreholes from his father who got them from a certain Steinberg. The judge said there was no evidence that he had inherited the boreholes as claimed.
