Speaker of the National Assembly and Another v Land Access Movement of South Africa and Others (CCT40/15) [2019] ZACC 10; 2019 (5) BCLR 619 (CC); 2019 (6) SA 568 (CC) (19 March 2019)

Speaker of the National Assembly and Another v Land Access Movement of South Africa and Others (CCT40/15) [2019] ZACC 10; 2019 (5) BCLR 619 (CC); 2019 (6) SA 568 (CC) (19 March 2019)

The Constitutional Court dismissed Parliament's application for an extension, finding that Parliament failed to act within the prescribed 24-month period and did not provide sufficient explanation for the delay. The Court held that its previous order was not final in respect of the processing of interdicted claims,...

Source-derived case information.

Citation
[2019] ZACC 10
Parties
Applicant: Speaker of the National Assembly; Applicant: Chairperson of the National Council of Provinces; Respondent: Land Access Movement of South Africa; Respondent: Association for Rural Advancement; Respondent: Nkuzi Development Association; Respondent: Moddervlei Communal Property Association; Respondent: Makuleke Communal Property Association; Respondent: Popela Communal Property Association; Respondent: Matabane Community; Respondent: Maphari Community; Respondent: Mlungisi and Ezibeleni Disadvantage Group; Respondent: Lady Selborne Concerned Group; Respondent: President of the Republic of South Africa; Respondent: Minister of Rural Development and Land Reform; Respondent: Chief Land Claims Commissioner; Respondent: Speaker of the Eastern Cape Provincial Legislature; Respondent: Speaker of the Free State Provincial Legislature; Respondent: Speaker of the Gauteng Provincial Legislature; Respondent: Speaker of the KwaZulu-Natal Provincial Legislature; Respondent: Speaker of the Limpopo Provincial Legislature; Respondent: Speaker of the Mpumalanga Provincial Legislature; Respondent: Speaker of the North West Provincial Legislature; Respondent: Speaker of the Northern Cape Provincial Legislature; Respondent: Speaker of the Western Cape Provincial Legislature
Court
Constitutional Court
Jurisdiction
South Africa
Judgment Date
19 March 2019
Case Number
CCT 40/15
Procedural Posture
Constitutional Application / Final Judgment on Application for Extension and Counter Application
Outcome
Application for extension dismissed; counter-application partially upheld; costs awarded against applicants.
Judges
Mogoeng, Basson, Cameron, Dlodlo, Froneman, Goliath, Khampepe, Mhlantla, Petse, Theron
Legal Topics
Section 25 Land Restitution, Public Participation in Legislation, Interdicts and Remedies, Processing of Land Claims, Separation of Powers, Just and Equitable Orders
Constitutional Law Land and Property Civil Procedure Section 25 Land Restitution Public Participation in Legislation Interdicts and Remedies Processing of Land Claims Separation of Powers +1 more

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Parties

Speaker of the National Assembly

Applicant

Chairperson of the National Council of Provinces

Applicant

Land Access Movement of South Africa

Respondent

Association for Rural Advancement

Respondent

Nkuzi Development Association

Respondent

Moddervlei Communal Property Association

Respondent

Makuleke Communal Property Association

Respondent

Popela Communal Property Association

Respondent

Matabane Community

Respondent

Maphari Community

Respondent

Mlungisi and Ezibeleni Disadvantage Group

Respondent

Lady Selborne Concerned Group

Respondent

President of the Republic of South Africa

Respondent

Minister of Rural Development and Land Reform

Respondent

Chief Land Claims Commissioner

Respondent

Speaker of the Eastern Cape Provincial Legislature

Respondent

Speaker of the Free State Provincial Legislature

Respondent

Speaker of the Gauteng Provincial Legislature

Respondent

Speaker of the KwaZulu-Natal Provincial Legislature

Respondent

Speaker of the Limpopo Provincial Legislature

Respondent

Speaker of the Mpumalanga Provincial Legislature

Respondent

Speaker of the North West Provincial Legislature

Respondent

Speaker of the Northern Cape Provincial Legislature

Respondent

Speaker of the Western Cape Provincial Legislature

Respondent

Procedural Posture

Constitutional Application / Final Judgment on Application for Extension and Counter Application

Legal Issues

  1. 1 Whether the Constitutional Court may grant an extension of the period for Parliament to enact new land restitution legislation.
  2. 2 Whether it is just and equitable to extend the interdict against processing new land claims.
  3. 3 What remedy is appropriate for the processing of land claims lodged between 1 July 2014 and 28 July 2016 after Parliament failed to enact new legislation.

Ratio Decidendi

The Constitutional Court dismissed Parliament's application for an extension, finding that Parliament failed to act within the prescribed 24-month period and did not provide sufficient explanation for the delay. The Court held that its previous order was not final in respect of the processing of interdicted claims, as it expressly reserved the power to make further orders. The Court found no exceptional circumstances justifying an extension and determined that the interests of justice and the need for finality outweighed Parliament's request. The counter-application by the LAMOSA respondents was upheld to the extent that the Commission on Restitution of Land Rights is prohibited from...

Court Disposition

Application for extension dismissed; counter-application partially upheld; costs awarded against applicants.

Orders

  • The application by the applicants for an extension is dismissed.
  • The counter-application by the first to sixth respondents is upheld to the extent set out, subject to Parliament legislating otherwise.