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In Mwelase and Others v Director-General for the Department of Rural Development and Land Reform and Another; 2019 (6) SA 597 (CC) (20 August 2019), the Constitutional Court ruled that the Department of Rural Development and Land Reform had failed to adequately process land claims from labour tenants, essentially finding the department in contempt of court for its persistent inaction and lack of responsiveness in fulfilling its statutory duties under the Land Reform (Labour Tenants) Act, despite the Land Claims Court appointing a Special Master to assist them; highlighting the issue of judicial overreach and the need for government departments to actively address land reform issues.
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...