Land claims worth hundreds of millions of rands lodged in the Eastern Cape since 2014 have been put on hold following a declaration by the Constitutional Court that the Act guiding the claims was invalid.
The Restitution of Land Rights Amendment Act of 2014 reopened the land claims process from July 1 2014 to June 30 2019 after the first phase for land claims closed in 1998.
The Eastern Cape has so far returned 143795 hectares of land to its rightful owners in addition to compensating claimants with more than R2.1-billion.
The Eastern Cape department of rural development and land reform (DRDLR) said yesterday at the time of the ruling 13388 claims had been lodged since 2014.
The claims are lodged with, and processed by, the Commission on Restitution of Land Rights.
However, Constitutional Court Judge Justice Mbuyiseli Madlanga ruled that a lack of adequate public consultation took place in respect of the Amendment Act, effectively putting a stop to new land claims and discontinuing those claims submitted after July 2014.
The commission only made the pronouncement this week because it was still studying the judgment and its implications, said spokeswoman Nandipha Sondati.
The validity of the Amendment Act was challenged by organisations with interests in land rights and agrarian reform, and communal property associations on the basis that parliament had failed to conduct public participation in a manner required by the constitution.
“The Constitutional Court upheld the challenge and declared the Amendment Act invalid effective from July 28 2016,” Sondati said.
She said from now on the Restitution Act would be read as though the Amendment Act was never enacted.
“Potential claimants who had not lodged claims by July 27 2016 may therefore no longer do so. For them, the claims lodgement deadline of December 31 1998 has been reinstated.
“Claims lodged prior to July 27 2016 are protected and remain claims for the purpose of the Restitution Act.
“The commission is, however, interdicted from processing those claims until parliament passes a new law that reopens the lodgement of claims, or if the commission settles or refers to the Land Claims Court all claims lodged by December 31 1998,” said Sondati. — zwangam@dispatch.co.za
Land claims on ice after Concourt ruling
The Restitution of Land Rights Amendment Act of 2014 reopened the land claims process from July 1 2014 to June 30 2019 after the first phase for land claims closed in 1998.
The Eastern Cape has so far returned 143795 hectares of land to its rightful owners in addition to compensating claimants with more than R2.1-billion.
The Eastern Cape department of rural development and land reform (DRDLR) said yesterday at the time of the ruling 13388 claims had been lodged since 2014.
The claims are lodged with, and processed by, the Commission on Restitution of Land Rights.
However, Constitutional Court Judge Justice Mbuyiseli Madlanga ruled that a lack of adequate public consultation took place in respect of the Amendment Act, effectively putting a stop to new land claims and discontinuing those claims submitted after July 2014.
The commission only made the pronouncement this week because it was still studying the judgment and its implications, said spokeswoman Nandipha Sondati.
The validity of the Amendment Act was challenged by organisations with interests in land rights and agrarian reform, and communal property associations on the basis that parliament had failed to conduct public participation in a manner required by the constitution.
“The Constitutional Court upheld the challenge and declared the Amendment Act invalid effective from July 28 2016,” Sondati said.
She said from now on the Restitution Act would be read as though the Amendment Act was never enacted.
“Potential claimants who had not lodged claims by July 27 2016 may therefore no longer do so. For them, the claims lodgement deadline of December 31 1998 has been reinstated.
“Claims lodged prior to July 27 2016 are protected and remain claims for the purpose of the Restitution Act.
“The commission is, however, interdicted from processing those claims until parliament passes a new law that reopens the lodgement of claims, or if the commission settles or refers to the Land Claims Court all claims lodged by December 31 1998,” said Sondati. — zwangam@dispatch.co.za
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