CAPE TOWN - In a ruling with implications for millions of people in rural areas, a Pretoria High Court judge has ruled sections of a key land rights' law unconstitutional.

The decision was handed down yesterday morning by Judge Aubrey Ledwaba.

He declared that 14 sections of the Communal Land Rights Act (CLRA) are wholly or partly unconstitutiona­l, a decision that one of the lawyers connected with the case said "takes the heart out of the act".

The ruling has implications for an estimated 21?million people living under traditional leadership.

The four communities argued that the CLRA undermines the rights of people using communal land under customary law, and creates a "traditional" tier of government not recognised by the Constitution.

Ledwaba rejected the last argument.

However, he said the law conferred powers on traditional councils that could undermine communities' security of tenure.

"In my view, some of the existing traditional council[s] have not been democratically elected and the interest of women, children, elderly and youth may not be represented in such council," he said.

The communities had argued that the CLRA did not protect the land rights of people using communal land under customary law .

The CLRA would allow title deeds held by communal property associations and trusts to be endorsed to reflect the "community" as the owner of the land.