oa Constitutional Court Review - Customary (communal) land tenure in South Africa : did overlook or avoid the core issue?



In a developmental African state such as South Africa, judges face land issues which are sensitive, complicated, challenging, and controversial. When adjudicating upon these issues, the judiciary should courageously face the challenges head-on and deal with the issues decisively as and when they arise, in order to, among others, play their transformative role, and also ensure legal certainty. This task is particularly important in a constitutional state, with a transformative mandate, like South Africa. However, in doing so, the judiciary must be sensitive to the unique and complicated character of land holding, the controversies around it, and the sensitivities of the land holders.


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