ENSURING Land Claims Success and Sustainable Land Use
The land claims process in South Africa is fraught with serious challenges that severely undermine the basic and constitutional rights of claimants, who were originally deprived their rights by Apartheid dispossession. If left unaddressed, the violations of rights will not only continue, but scale up with the increase of new land claims. We provide support to enable successful Land Claims by Communities, Families, Institutions and Individuals.
We seek to empower existing and eligible prospective claimants to be aware of the possible land rights they possess in terms of Section 25(7) of the Constitution; as well as to prepare claimants for the upcoming claim-lodgment process, in accordance with Section 2(a)-(e) of the Restitution Act. This is to maximize peoples chances of a successful Land Restitution claim and sustainable land use, post-restitution.
The Commission for Restitution has challenges in capacity and resources that has delayed some claims for up to 20 years. Claims have also been successfully resisted by farmers and others based on errors and omissions by the Commission. The Commission will now have to deal with more than 5 times the Claims it dealt with in the last 20 years. Without proper support longer delays, further rights violations and frustration could result for existing and new claimants.