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A community’s choice to give, or withhold, their free, prior and informed consent (FPIC) to a project or activity planned to take place on their land is a recognized right of Indigenous peoples under international law.
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.
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.
Research Report
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.
To provide for the restitution of rights in land in respect of which persons or communities were dispossessed under or for the purpose of furthering the objects of any racially based discriminatory law; to establish a Commission on Restitution of Land Rights and a Land Claims Court; and to provid
During its transition from racial apartheid to democracy in 1994, South Africa’s government announced it would strengthen the tenure rights of the estimated 16 million citizens who lived on communal land.
The Department of Rural Development and Land Reform (DRDLR) and the Minister briefed the Committee on the performance, outcomes and challenges of the Land Rights Management Facility, presenting the Fourth Quarter 2014 report, and also touching on the Extension of security of tenure (land) Amendme
The Department of Rural Development and Land Reform (DRDLR) and the Ingonyama Trust Board presented their fourth quarter performance and financial reports for 2014-15. The Committee also received at status report on the Riemvasmaak community claim.
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