News

The Restitution of Land Rights Amendment Act has lapsed in Parliament – what this means for Makhasaneni and other communities

29 Jan 2019| by Dr. Aninka Claassens

Late last year the Ingonyama Trust intervened in a land restitution claim in Melmoth KwaZulu-Natal.  It argued that the land about to be restored to various community groups who had waited over 20 years, should not belong to them.  It should instead be transferred to the Ingonyama Trust, because the communities are subjects of King Goodwill Zwelithini who is the sole Trustee of the Ingonyama Trust.

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NCOP passes the Traditional and Khoi-San Leadership Bill in a “special sitting”

14 Jan 2019

On 10 January, the NCOP convened a “special sitting” and passed the Traditional and Khoi-San Leadership Bill (TKLB) along with two other Bills. Eight provinces voted in the affirmative, while the Western Cape was the only province that voted against the TKLB.  It is extremely concerning that the NCOP passed the TKLB as it will allow traditional councils to enter into partnerships and agreements relating to development or mining without the consent of the people whose land rights will be affected. In this way TKLB will undermine the Interim Protection of Informal Land Rights Act (IPILRA), which requires consent before anyone is deprived of their informal right to land. Furthermore TKLB will also undermine two recent judgements, in the Maledu and Baleni cases, which ordered that IPILRA be complied with.  Please see a statement by the Stop the Bantustan Bills campaign in response to the Bill being passed by the NCOP.

UCT experts’ participation in the HLP now live

19 Nov 2018| by LARC

In 2015, an ambitious albeit very important parliamentary process was initiated by the legislature’s Speakers’ Forum: to assess how effective post-1994 legislation has been in contributing to the transformation agenda of the developmental state, and the possible unintended consequences of these laws. This undertaking was led by a high-level panel (HLP) of eminent South Africans, headed by former President Kgalema Motlanthe. The panel produced a lengthy 601-page report that has been in the headlines sporadically since its release in November 2017.

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Opinion

Mining will not bring jobs to Xolobeni

15 Jan 2019| by Andrew Bennie

Through farming, many Amadiba coastal residents are not just surviving, but flourishing. Together with greater potential for integration with ecological integrity, this is the kind of work that should be supported in a climate change world. But the Amadiba are advancing agriculture and eco-tourism with virtually no state support or infrastructure.

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Parliament’s final push on dangerous traditional leadership bills

12 Dec 2018| by Monica de Souza Louw

The recognition of traditional communities in the Traditional and Khoi-San Leadership Bill comes with baggage. The “traditional communities” recognised in the TKLB are those previously called “tribes” under colonialism and apartheid. Tribal authorities were established for them in terms of the 1951 Black Authorities Act, and their territories eventually became the Bantustans. Given this context, the passage of both bills through Parliament should be monitored closely.

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Mining – Giving the Power the People

10 Dec 2018| by Dr. Aninka Claassens

The response by Minerals Minister Gwede Mantashe to two recent judgments about mining and the land rights of people living in the former homelands has been instructive.

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