Ruling damns Parliament for failure to consult

In a judgment that damned Parliament for its failure to facilitate public participation in its legislative process, the Constitutional Court yesterday declared invalid in its entirety the Restitution of Land Rights Amendment Act, notes Legalbrief. ‘The NCOP public participation process was unreasonable and thus constitutionally invalid‚’ Judge Mbuyiseli Madlanga found in a unanimous judgment. According to a TimesLIVE report, the court pointed out that provinces gave out notices just days before hearings‚ which were held only in certain municipalities and excluded many of those affected. Those who did get to attend were not given an opportunity to share their views. The finding upheld a challenge brought by the Land Access Movement of SA‚ the Association for Rural Advancement‚ the Nkuzi Development Association‚ Moddervlei Communal Property Association‚ the Makuleke Communal Property Association‚ and the Popela Communal Property Association. The NCOP‚ National Assembly and eight Provincial Legislatures had opposed the challenge‚ contending that the public participation process passed constitutional muster. The Restitution of Land Rights Act enacted in 1994 gave people or communities until 31 December 1998 to lodge claims for restitution or redress for being dispossessed of land after 19 June 1913 as a result of past racially discriminatory laws or practices.

Land Access Movement of South Africa and Others v Chairperson of the National Council of Provinces and Others