Restitution of Land Rights Amendment Act declared invalid by ConCort

The Constitutional Court has on Thursday declared the Restitution of Land Rights Amendment Act invalid.

In a unanimous judgment, the court found that Parliament failed to follow proper consultation procedures before the bill was signed into law in 2014.

Professor Ben Cousins, Senior Professor for Institute for Poverty, Land and Agrarian Studies at UWC says the department failed to have enough properly advertised meetings with the people potentially affected by the Act in rural areas.

The bill allows for the state to offer a solution to people who had lost their land as a result of racially discriminatory practices such as forced removals.

They had some meetings and some consultations but it was basically inadequate

Professor Ben Cousins, Senior Professor for Institute for Poverty, Land and Agrarian Studies at UWC

30 000 claims had not been finalised, 20 000 had been resolved in law but implementation is yet to take place and another 8000 -9000 have yet to be resolved.

Professor Ben Cousins, Senior Professor for Institute for Poverty, Land and Agrarian Studies at UWC

Prof Cousins says he doesn't think government will have enough money to pay people out or buy more land

Restitution has been bedeviled by inter-community disputes and by poor institutional and developmental support and i think it was a bit of a mistake to do restitution ...

Professor Ben Cousins, Senior Professor for Institute for Poverty, Land and Agrarian Studies at UWC

Listen to the full conversation below:


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