The passing of the Land Court Bill this week will go a long way towards resolving long-overdue land claims, according to the Vumelana Advisory Fund.
The Land Court Bill proposes to establish a specialist Land Court to deal with all land-related matters as regulated by legislation.
Its judgments can be appealed at a Land Court of Appeal. This would facilitate the speedy disposal of cases and contribute to the development of appropriate jurisprudence in relation to land matters.
The Bill will be sent to the National Assembly for adoption, after which it will be referred to the National Council of Provinces.
Vumelana Advisory Fund, a non-profit organisation that helps communities in the Land Reform Programme to develop their land, has welcomed the progress made towards the promulgation of a Land Court by the National Assembly.
According to Vumelana, non-profit organisations and parties of interest have been lobbying for a long time for the Land Claims Court to be transformed into a more permanent Land Court, with an expanded mandate.
Peter Setou, the CEO at Vumelana Advisory Fund, said the Land Court Bill will also be crucial in addressing some of the conflicts associated with tenure reform.
“There are complex political, technical, social, economic and legal dimensions to the problem of tenure reform. These have been difficult to resolve in the past, and, in turn, they have contributed to discouraging investment in land reform,” Setou said.
“While a number of challenges in land reform remain, the passing of the Bill and the implementation thereof will help to increase the capacity of the state in dealing with restitution of land claims and land reform matters generally. Speedy resolution of claims may be what investors need to see to cultivate their confidence in the process.”
One of the challenges with the current structure has been that an appeal against a judgment from the Land Claims Court can only be decided by the Supreme Court of Appeal, which can take a very long time for the Supreme Court of Appeal to finalise matters.
“However, with the passing of this Bill, the Land Court is established as a court of law and has the status of a High Court with the authority, inherent powers and standing in relation to matters under its jurisdiction,” Setou said.
The motion by the National Assembly would go a long way in addressing the current backlog and slow progress in the processing of land claims by the Land Claims Court.
Delays have over time had caused a significant amount of frustration and dissatisfaction among land claimants.
“Delays in the settlement of land reform claims have compounded challenges faced by claimants and delayed the benefits that communities could have realised from their land. The passing of the Bill is a step in the right direction in driving the speedy resolution of long-overdue land claims. This, in turn, can contribute towards attracting much-needed investment and support for the land reform programme,” he said.
Setou said the Land Court would have permanent judges appointed, and this will also support efforts towards speedily addressing land claims.
“Another positive aspect of the Bill is that it embraces alternative dispute resolution mechanisms as an avenue to be explored by judges in resolving matters and this will make it more accessible to the public,” he added. “We hope that once the Bill is finalised and assented to, it will be implemented without delay. We also hope that the court will adequately be resourced so that it can fulfil its mandate expeditiously.”
Vumelana said while a number of challenges in land reform remained, the passing of the Bill and the implementation thereof would help to increase the capacity of the state in dealing with restitution of land claims and land reform matters generally.
“Speedy resolution of claims may be what investors need to see to cultivate their confidence in the process.”
However, the National Employers Association of South Africa (Neasa) reaffirmed its position in its commentary on the Bill that land restitution was supported where those who were historically or were currently deprived of their assets by the State, were compensated. Further, it said that where a government had stolen property from an individual or community (historically or currently) compensation must be made.
“However, the court, with its expected wide and exclusive jurisdiction, in view of this current dispensation and progression of the Expropriation Bill, will do everything but facilitate the speedy disposal of cases and/or contribute towards the development of appropriate jurisprudence in relation to land matters. Instead, the most probable outcome is the anticipation of an increase in backlogs in land claims, the undermining of landowners’ rights and suffering of equitable processes which will project its unavoidable flaws.”
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