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In Land Access Movement of South Africa and Others v Chairperson of the National Council of Provinces and Others 2016 (5) SA 635 (CC), the Constitutional Court ruled that the Commission on Restitution of Land Rights could not process new land claims lodged between 1 July 2014 and 28 July 2016 as the public participation process was not adequately followed, therefore, the Restitution of Land Rights Amendment Act 15 of 2014 was held to be unlawful and unconstitutional. The Constitutional Court held that the Commission on Restitution of Land Rights must instead prioritise processing of older land claims first; effectively putting a hold on new claims until the older ones were dealt with.
The Land Court has jurisdiction in respect of the following legislation briefly explained below: Restitution of Land Rights Act 22 of 1994 The Restitution of Land Rights Act 22 of 1994 aims to provide for the restitution of rights in land to...