AfriBusiness seeks clarity on land redistribution claims

16 September 2016  

AfriBusiness will be approaching the land claims court next week as amicus curiae (friend of the court) together with other interested parties to gain clarity on the future of land redistribution in South Africa. The reason for attending the hearing is in light of the recent judgment of the Constitutional Court in the Land Access Movement of South Africa (Lamosa) case of 28 July 2016, where the Restitution of Land Rights Amendment Act, (Act no. 15 of 2014) was declared invalid, effectively halting the processing of claims instituted after 1 July 2014 when the Act came into effect.

The main issue of concern is how the court will finalise claims lodged under the old Act (lodged up to 31 December 1998) when there is a competing claim under the new Act (lodged between 1 July 2014 and 28 July 2016) for the same piece of land. This raises the issue of immense legal uncertainty as to how claims will be dealt with by the court, pending government’s re-enactment of the Act.

“It is in the interest of justice and the public to have clarity as to what the effect of the Constitutional Court’s decision entails, as this might have extensive cost implications for both the State who represent the claimants, and the landowners affected by such claims,” says Armand Greyling, Law and Policy Analyst at AfriBusiness.

Issued by Armand Greyling, Law and Policy Analyst, AfriBusiness, 16 September 2016