ConCourt declares land rights amendment act invalid

2016-07-28 22:51
Constitutional court. (News24)

Constitutional court. (News24)

Multimedia   ·   User Galleries   ·   News in Pictures Send us your pictures  ·  Send us your stories

Johannesburg – The Constitutional Court has ruled that the Restitution of Land Rights Amendment Act is invalid as of Thursday.

It cited the lack of consultation before it was passed as the reason for its decision.

It was signed into law on July 1, 2014, making new land claims possible.

However, provincial legislatures were given less than two weeks to advertise and hold public hearings, consider oral and written submissions from the public, and provide negotiating and final mandates.

The bill was approved by all but one of the provincial legislatures by the end of March 2014. The National Council of Provinces passed it in the same month.

Claims lodged by the date of the judgment continue to exist. The court however interdicted the Land Claims Commission from considering, processing and settling new claims for 24 months, pending Parliament’s re-enactment of the amendment act or finalisation of those claims filed by 31 December 1998, whichever occurred first. 

The right to land restitution plays a pivotal role in South Africa’s constitutional democracy, and is intended to restore the dignity of those affected by the racist practices and laws of the past, the court said.

The legislative processes which resulted in the act becoming law needed to include comprehensive public participation.

Notices were given only a few days prior to the hearings, and hearings were held in certain municipalities excluding many affected individuals. At the hearings themselves, members of the public affected were not afforded an opportunity to share their views.

The case was brought by six groups with an interest in land rights, including the Land Access Movement of SA. The respondents included the NCOP chairperson, National Assembly speaker and all nine provincial legislatures.

The NCOP was ordered to pay the applicants’ costs.

Read more on:    constitutional court  |  ncop  |  land claims

Join the conversation!

24.com encourages commentary submitted via MyNews24. Contributions of 200 words or more will be considered for publication.

We reserve editorial discretion to decide what will be published.
Read our comments policy for guidelines on contributions.
NEXT ON NEWS24X

Zuma's pal and the top cop

2017-12-13 13:54

Inside News24

 
ADVERTORIAL
Competition regulation for a growing and inclusive economy

ADVERTORIAL: The Competition Commission of South Africa is conducting advocacy work in the South African automotive aftermarket industry and has gazetted a Draft Code of Conduct for public comment.

/News
 

WATCH: Pornhub is giving users free access to premium content this holidays

Christmas is coming a little early this year...

 
 

You won't want to miss...

10 best dressed men of 2017
How to open a beer bottle without an opener
WATCH: Man films himself going down water slide upside down as things go very wrong…
WATCH: Conor McGregor: Notorious the trailer
Traffic Alerts
There are new stories on the homepage. Click here to see them.
 
English
Afrikaans
isiZulu

Hello 

Create Profile

Creating your profile will enable you to submit photos and stories to get published on News24.


Please provide a username for your profile page:

This username must be unique, cannot be edited and will be used in the URL to your profile page across the entire 24.com network.

Settings

Location Settings

News24 allows you to edit the display of certain components based on a location. If you wish to personalise the page based on your preferences, please select a location for each component and click "Submit" in order for the changes to take affect.




Facebook Sign-In

Hi News addict,

Join the News24 Community to be involved in breaking the news.

Log in with Facebook to comment and personalise news, weather and listings.