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Showing items 1 through 9 of 17.
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Library Resource
This guide seeks to highlight the steps that concerned parties and communities can take to address the challenges that mining poses on communities. It gives communities the tools they need to understand the law that governs mining and to protect their rights. Although it focuses on South Africa, the tools proposed will be relevant for communities facing similar issues in other countries.
This resource is part of the CCSI’s Directory of Community Guidance on Agreements Relating to Agriculture or Forestry Investment.
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Library Resource
Legislation & Policies
Jurisprudence
This is a judgement in the Land Claims Court which concerned the validity of land claims lodged under The Restitution of Land Rights Amendment Act 15 of 2014. This act was an amended version of the Restitution of Land rights Act 22 f 1994 which differed by extending the time frame for persons, descendants, or communities who were disposed of land after 1913 to lodge land claims. Previously the cut-off date under the 1994 to lodge claims was 31st December 1998. Under the 2014 Act, claims could up lodged from the passing of the act until 30 June 2019.
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Library Resource
Legislation & Policies
Jurisprudence
“The Langebaan lagoon is the only non-estuarine tidal lagoon in South Africa. It is situated on the West Coast, approximately 100 kilometres north of Cape Town. The mouth of the lagoon, on its northern side, is entered via Saldanha Bay1. The lagoon is a highly legislated area. It was proclaimed a marine reserve in 1973 in terms of the Sea Fisheries Act2 and in 1985 it was proclaimed part of the Langebaan National Park, whose name was later changed to the West Coast National Park.
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Library Resource
Legislation & Policies
National Policies
Written submissions on the Communal Property Associations Amendment Act to the Portfolio Committee Rural Development and Land Reform
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Library Resource
Land Action Movement of South Africa and others v Chairperson of the National Council of Provinces and Others
LAMOSA Community Guide - ConCourt Challenge
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Library Resource
We believe that law should in principle assist vulnerable communities in changing power relations. Law is fundamentally a ‘neutral’ set of rules that constrains power by requiring decisions and actions of those in power to comply with legal rules, rights and obligations. Unfortunately, we have seen the powerful appropriate law as a tool for only protecting and strengthening their interests.
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Library Resource
Legislation & Policies
Legislation
Other legal document
Submissions to the Portfolio Committee: Rural Development and Land Reform on the Extension of Security of Tenure Amendment Bill
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Library Resource
Zifikelela Njani Nakunye Nokuzisebenzisa
[XHOSA} Umhlaba wesisa kamasipala lusiphathela ithuba elilodwa lophuhliso lwamaphandle nohlaziyo kwezemihlaba nezolimo. Umthetho usixelela ukuba umhlaba wesisa kamasipala kufuneka ube negalelo kuhlaziyo kwezemihlaba apho uthi wenziwe ufumaneke ukuze usetyenziselwe ulimo ngabo babesakuya bengavumelekanga kwixa langaphambili ukuba
bafumane imihlaba yeziza zikamasipala. Abahlali basezidolophini abahluphekileyo nabanqwenela
ukuzibandakanya kwiinkuthalo zolimo kufuneka ngoko bacebe ukwenza amabango okufumana umhlaba wesisa kamasipala.
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Library Resource
Legislation & Policies
Jurisprudence
In this case, which was heard before the Constitutional Court of the Republic of South Africa, The Restitution of Land Rights Amendment Act 15 of 2014 was declared invalid. The Act, among other things, sought to extend the period in which land restitution claims could be lodged. However, the court found that the Parliament did not sufficiently consult with key stakeholders including those who had successfully lodged claims under the previous Act of 1994.
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Library Resource
The following is an account of a grassroots movement led by a group of NGOs and communities who went to the Constitutional Court, the highest court in South Africa, to challenge the law dealing with land claims.
They wanted the Court to declare the Restitution of Land Rights Amendment Act 15 of 2014 unconstitutional; and they won!
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