| 2009 10 30 'Victory for rural communities', News 24 |
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Cape Town - Four rural communities on Friday celebrated victory in their High Court challenge to laws governing customary land rights. The court ruled that 14 sections of the Communal Land Rights Act (Clara) were unconstitutional, a decision which one of the lawyers connected with the case said "takes the heart out of the act". It also awarded the communities the costs of five counsels. The ruling has implications for an estimated 21 million people living under traditional leadership. The communities had argued that the law undermined land rights under customary law, undermined gender equity, and introduced a tier of government not recognised by the Constitution. The case was argued last year. The applicants were the Kalkfontein, Makuleke, Makgobistad and Dixie communities from Limpopo, Mpumalanga and North West. Respondents were the agriculture and land affairs minister, all nine provincial premiers and the Speaker of Parliament. Although Clara was pushed through Parliament just before the 2004 elections, the president had not yet issued the proclamation that will bring it into operation. SAPA |