If all goes to plan, more than 6 000 land claimants could see their claims get attention after decades of lengthy delays and frustration. This, as Mzansi edges closer towards establishing its first land court to deal with the country’s land claims backlog.
Now that the National Assembly has passed the Land Court Bill, it has been referred to the National Council of Provinces for approval and, if successfully passed, President Cyril Ramaphosa’s signature to sign the bill into law.
The passing of the bill will mean that a specialist land court will be established to deal with all land-related matters. “This will facilitate the speedy disposal of cases and contribute towards the development of appropriate jurisprudence in relation to land matters,” parliamentary spokesperson Moloto Mothapo said in a statement.
As it stands, South Africa’s land claims court is still operating as a temporary court. It does not have permanent judges to preside over cases, which has led to claims being processed at a slow pace and has caused huge backlogs in pending cases.
According to the latest figures from the Commission on Restitution of Land Rights, a total of 6 907 claims are currently still unresolved. Of the claims lodged by 31 December 1998, more than 82 000 have, however, been settled.
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Cheaper and speedier
Bulelani Magwanishe, chairperson of Parliament’s portfolio committee on justice and correctional services, says the land claims court’s lack of permanent judges is having a major impact on the country’s land restitution process.
He says the committee has consistently supported the establishment of a permanent land court with permanent judicial powers.
“The purpose of the bill is to provide for the establishment of a land court and a land court of appeal, to make provision for the administration and judicial functions of the land court and land court of appeal, to make provision for budgetary matters and to provide for the exclusive jurisdiction of the land court and land court of appeal for certain matters,” Magwanishe says.
He adds that the bill also proposes mediation as a cheaper and speedier mechanism to resolve disputes.
The committee further recommends that Legal Aid South Africa, and not the land management unit within the national department of agriculture, land reform and rural development, assist land claimants.
“Having the function of the unit taken over by Legal Aid South Africa would ensure a speedy conclusion of cases whilst the bill is going to turn around the situation in the land claims court backlogs,” Magwanishe says.
Positive development on land reform
Peter Setou, chief executive of the Vumelana Advisory Fund, agrees that the new piece of legislation will go a long way in addressing the current backlog and delays in processing claims.
“Over time, these delays have caused a significant amount of frustration and dissatisfaction among land claimants. One of the challenges has been that an appeal against a judgement from the land claims court can only be decided by the Supreme Court of Appeal, and we all know that it can take a long time to finalise such matters.”
He also welcomes permanent judges being appointed to ensure that “the provisions in our Constitution and other pieces of legislation related to land reform can be realised”.
“The bill [also] embraces alternative dispute resolution mechanisms as an avenue to be explored by judges in resolving matters. This will make it more accessible to the public,” Setou tells Food For Mzansi.
The Vumelana Advisory Fund hopes that the bill, once finalised, will be implemented without delay. The land court should also be adequately resourced in order to fulfil its mandate efficiently.’
The effect of delays on agriculture
According to Setou, retarded claims are impacting food production. “Once a specific land parcel is subject to a claim, the current owner is usually reluctant to carry out further investment on the land. By the time the claim is finalised, the land may not be in [the same] good condition that it was before the claim was lodged.”
Furthermore, intra-community disputes and counter claims often lead to restored land not being used productively or at all.
Impact on economy and jobs
Saamtrek Saamwerk Northern Cape leader Sehularo Sehularo has also called for quick implementation of the bill, once it is signed into law.
In order for the country to grow its economy and to create jobs, the backlogs must be addressed, Sehularo cautions. “The land that remains unused because of land claim disputes [must] be resolved and that land [should be] productive for agricultural purposes.”
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