land-court-bill-b-112021-1-natural-justice-8d69a76719d9943a.pdf
Summary
Natural Justice, a non-profit organization, submitted comments on the Land Court Bill [B11 – 2021] to the Portfolio Committee on Justice and Correctional Services. The organization supports the establishment of a specialist Land Court and Land Court of Appeal to address the failures of the previous Land Claims Court, but recommends amendments to the composition of the judiciary to ensure contextual expertise is not lost.
Key insights
- The Land Court Bill [B11 – 2021] proposes the creation of a specialist Land Court with status equivalent to a high court and a Land Court of Appeal with status equivalent to the Supreme Court of Appeal.
- The proposed Land Court would have broader jurisdiction than the previous Land Claims Court, covering all three pillars of land reform: redistribution, restitution, and security of tenure, and would include non-judicial powers such as mediation.
- Natural Justice identifies several systemic failures in the previous Land Claims Court and the Commission, including a lack of permanent judges, corruption, and poor information systems that led to overlapping and conflicting land claims.
- The Bill allows for relaxed rules of evidence, permitting the court to accept hearsay and expert evidence from historians or anthropologists regarding land dispossession and community land allocation.
- Natural Justice recommends amending Clause 8 to allow for the appointment of judges who are not High Court judges, arguing that the current Bill's requirement for all judges to be High Court judges ignores the need for contextual expertise and may lead to 'anti-poor outcomes.'
- Natural Justice opposes the phrasing 'as many other judges as may be' in Clause 4, arguing it is too broad and lacks a specific minimum number of judges, which could lead to the court being diverted from its initial mandate.
Cite the original document
- APA
- Natural Justice (n.d.). land-court-bill-b-112021-1-natural-justice-8d69a76719d9943a.pdf. https://naturaljustice.org/wp-content/uploads/2022/03/Land-Court-Bill-B-112021-1-Natural-Justice.pdf
- Chicago
- Natural Justice. land-court-bill-b-112021-1-natural-justice-8d69a76719d9943a.pdf. n.d. https://naturaljustice.org/wp-content/uploads/2022/03/Land-Court-Bill-B-112021-1-Natural-Justice.pdf.
- Wikipedia
- {{cite press release |author=Natural Justice |title=land-court-bill-b-112021-1-natural-justice-8d69a76719d9943a.pdf |url=https://naturaljustice.org/wp-content/uploads/2022/03/Land-Court-Bill-B-112021-1-Natural-Justice.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}
- BibTeX
- @misc{naturaljusticendlandcourtbillb1120211naturaljustice8d69a76719d9943apdf, author = {{Natural Justice}}, title = {{land-court-bill-b-112021-1-natural-justice-8d69a76719d9943a.pdf}}, publisher = {Natural Justice}, url = {https://naturaljustice.org/wp-content/uploads/2022/03/Land-Court-Bill-B-112021-1-Natural-Justice.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }
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