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

Case No. Lower Court Judgments Hearing Date
CCT 40/15 Application for direct access 20 Aug. 2015

By Duncan Wild on 11 July 2015

This is is an application for direct access to the Constitutional Court claiming that Parliament and the Provincial Legislatures failed to comply with their constitutional obligation to facilitate public involvement before passing the Restitution of Land Rights Amendment Act 15 of 2004 (“the Amendment Act“).  The applicants are therefore seeking an order that the Amendment be declared invalid.

The Amendment Act primarily re-opens the opportunity to lodge land claims until 30 June 2019. It also introduces offences related to lodging false claims, and makes changes to the to the composition of, and appointment of judges to, the Land Claims Court, amongst other things.

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