‘Land Court Bill needs some refinement'

The Land Court Bill received widespread support for its aims and objectives during public hearings at the beginning of March, but some areas that required ‘tightening up’ were highlighted. 

- 

Annelize Crosby, head of legal intelligence at Agbiz, said her organisation supported the bill, as it was vital to capacitate the judiciary with enough specialist judges to adjudicate land matters, and because access to justice was an important component of land reform.

“The Land Claims Court was established by, and operates under, the Restitution of Land Rights Act. Its general powers are contained in that Act, although it also has jurisdiction under other legislation. The new Land Court will have a greatly expanded jurisdiction,” she said.

However, Agbiz questioned the need for a Land Appeals Court, arguing that the caseload would probably not justify the expense of having such a court, and that the Supreme Court of Appeal in Bloemfontein had sufficient judges and expertise to deal with appeals.

The proposal for compulsory arbitration was another concern, as an arbitrator’s ruling was legally binding and could therefore limit either party’s right to have a dispute resolved by a court.