Attention Editors and Reporters
Tuesday, 10 September 2024

The South African Human Rights Commission (SAHRC) will participate in a landmark case scheduled to be heard by the Land Court of South Africa from 10 to 12  September 2024. Advocate Lerato Phasha, representing the SAHRC, will make submissions on constitutional issues that have significant implications for land rights and traditional governance in South Africa.

The core constitutional issue to be addressed is whether these Proclamations, which were designed to advance apartheid-era policies by segregating black communities and restricting their land rights, remain valid and binding until set aside by the court, or whether they have been automatically superseded or nullified by the Restitution of Land Rights Act 22 of 1994. Furthermore, the court will consider whether these Proclamations should be declared unconstitutional. The plaintiffs have argued that these Proclamations were part of a broader scheme to push black South Africans into ‘tribal’ enclaves, thereby facilitating the dispossession of land and the unequal treatment of black communities in relation to other racial groups in the country. The SAHRC’s involvement in this case underscores its commitment to addressing the injustices of the past and ensuring that the constitutional rights of all South Africans, particularly in relation to land ownership and traditional governance, are upheld.

The SAHRC intervened following an invitation  from the Land  Court to apply for admission as amicus curiae (friends of the court) to contribute to the deliberations on these critical issues.

 Commissioner Ntuli, “The Commission continues to be very concerned about issues of landlessness, issues of land and will continue to participate in addressing land injustices. 

ISSUED BY THE SOUTH AFRICAN HUMAN RIGHTS COMMISSION

For further information or inquiries, please contact Mr Wisani Baloyi on 081 016 8308 or  This email address is being protected from spambots. You need JavaScript enabled to view it..