Restitution of Land Rights Amendment Act declared invalid
The ConCourt declared it invalid as Parliament failed to allow for proper consultation before the Act.
CAPE TOWN - The Constitutional Court has declared the Restitution of Land Rights Amendment Act invalid, after finding that Parliament failed to allow for proper consultation before passing the law.
The Amendment Act was passed in 2014, and among other things reopened the window for land claims.
A number of organisations involved in land rights and agrarian reform challenged the legislation and judgment was handed down today.
In a unanimous judgment, the Constitutional Court has ruled the Act to be invalid with effect from today.
Land rights organisations behind the court challenge argued that reopening the window for lodging land claims would prejudice those who applied before the previous cut-off date of December 1998.
Parliament now has 24 months to re-enact the law.
Meanwhile, the court has further ruled that no land claims lodged since July 2014 may be processed until this is done, or claims submitted before 1998 are finalised.
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