Corruption Watch to challenge ‘dispossession’ law in court

Human rights lawyer Richard Spoor criticised the signing of the Traditional and Khoi San Leadership Bill into law, saying it is a “step backwards”, and has loopholes for a legal challenge.

Spoor specialises in fighting for the rights of communities to land, including Xolobeni in the Eastern Cape, and won the landmark mining-related asbestosis and TB cases.

The new law is “undemocratic”, as it allowed traditional leaders to use land or enter into agreements with any party without consulting their communities – something that is unconstitutional and undermined the people’s rights.

“The constitution and other legislation provided some protection to communities, but this legislation is designed to undermine their land rights. It will give rise to more disputes and will cause a lot of confusion,” Spoor said.

Land activists expressed shock at President Cyril Ramaphosa’s decision to sign the legislation into law despite the objections by civil society bodies and cautions from two panels – the Kgalema Motlanthe high level panel and the presidential advisory panel on land reform.

The panels warned the Bill infringed on customary and informal property land rights as per the constitution.

Civil society bodies objected to the Bill in their submissions to parliament.

The Alliance for Rural Democracy, an association of organisations fighting to defend rural land rights and democracy, initiated the #StopBantustanBills campaign to oppose it. It said the law would reverse the gains made by Xolobeni and others who fought against private mining in their areas, after courts had forced the government to consult them.

Another civil society body, Corruption Watch (CW) will challenge the legislation in court.

CW’s executive director, David Lewis, said legislation effectively enabled the traditional leadership structures to dispossess people of their land without either their agreement or expropriation.

“While the Bill is ostensibly aimed at giving autonomy to the Khoi-San communities, the same abrogation of rights will take place in those communities as well.”

– ericn@citizen.co.za

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