oa ESR Review : Economic and Social Rights in South Africa - Constitutional Court delivers a vision for land restitution : case review



Thirteen years after the promulgation of the Restitution of Land Rights Act in 1994, the Constitutional Court has clearly outlined the purposive manner in which the Constitution and restitution legislation should be interpreted to give real meaning to land rights law. The Court recently held unanimously that labour tenants who were dispossessed of land rights in 1969 are entitled to restitution. In so doing, the Court has in the case of Department of Land Affairs and Others v Goedgelegen Tropical Fruits (Pty) Ltd, CCT 69/06 (Popela community case) affirmed the rights of the Popela community and thousands of other labour tenant communities to claim back their rights under the Restitution Act.


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