CASE NO: LCC107/2013 MWELASE & OTHERS v DIRECTOR-GENERAL FOR THE DEPARTMENT OF AGRICULTURE, LAND REFORM AND RURAL DEVELOPMENT & OTHERS
This Thursday, 3 September, in a virtual hearing the Land Claims Court will consider an implementation plan prepared by the SPECIAL MASTER OF LABOUR TENANTS in collaboration with the National Department of Agriculture, Land Reform and Rural Development (the Department) to supervise, monitor and oversee the functions of the Department in the resolution of outstanding labour tenants land claims.
In August 2019 the Constitutional Court confirmed an order that had earlier been made by the Land Claims Court, which declared that the Department’s failure to process labour tenant applications is inconsistent with the Constitution. The court ordered that a Special Master for Labour Tenants be appointed, and defined an appointment process. It ordered the Special Master to prepare, in collaboration with the Department, and submit to court by 31 March 2020, an implementation plan for the settlement of the labour tenant applications by the Department, under the supervision of the Special Master. The court would thereafter consider any objections to the plan, and approve it with or without amendments.
Consequent to the order of the Constitutional Court, the Land Claims Court appointed Professor Richard Levin as the Special Master of Labour Tenants for a period of five years. He assumed his duties on 2 January 2020. The implementation plan was submitted to the Land Claims Court for the settlement of labour tenant applications on 29 May 2020, after being delayed by the declaration of the national state of disaster and regulations thereto.
A hearing to consider the implementation plan was held on 19 June 2020, and the Land Claims Court ordered that a new implementation plan be developed by the Special Master in collaboration with the Department. The revised plan was delivered by 31 July 2020 to the Department and AFRA (the applicant), who filed the report with their inputs in August.
AFRA and labour tenant claimants across South Africa anticipate with excitement that the Land Claims Court will approve the plan tomorrow, resulting in a long awaited and hard fought for effective implementation plan that will finally foster the restoration of land and dignity to thousands of families living on farms across the country.
For more information, please contact
AFRA Programmes Manager: Siyabonga Sithole – 064 957 7767
AFRA Communications: Nokuthula Mthimunye – 076 754 7110