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Join date : 2010-02-07
|Onderwerp: Land law invalid, Constitutional Court rules Tue May 11, 2010 10:23 pm|| |
|11 May 2010|
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The Constitutional Court has ruled that the Communal Land Rights Act is unconstitutional and invalid.
“Parliament followed an incorrect procedure in enacting (the Act),” read a media summary on the judgment.
The ruling agreed with a judgment made in the High Court in Pretoria last year that the legislation was invalid.
The Constitutional Court judges unanimously found the Act to be “unconstitutional and invalid for want of compliance with the procedures set out in section 76 of the constitution”.
The application for leave to appeal was granted and the appeal was upheld with costs.
This was a victory for the communities of Kalkfontein and Dixie (both in Mpumalanga), Makuleke (Limpopo) and Makgobistad (North West) which had argued that far from securing their rights, the Act made them, and people such as single women, less, rather than more, secure.
This was because, together with the new Traditional Leadership and Governance Framework Act, it imposed apartheid-era boundaries and structures on their communities.
It proposed the transfer of title to communities which would be represented by imposed land administration committees based on old tribal authorities.