South Africa: towards the creation of a tribunal to settle disputes over land

A farmer on a sugarcane field in Komatipoort, South Africa (Illustrative image) Dan Kitwood / Getty Images

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2 min

Despite promises of land redistribution since 1994, nearly 3/4 of them remain in the hands of the white community, which represents less than 10% of the population.

A law is in preparation to change the Constitution and authorize, under certain conditions, expropriation without compensation.

But while awaiting its vote, the government has also drafted a law to create a tribunal dedicated to these issues.

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With our correspondent in Johannesburg,

Claire Bargelès

The Minister of Justice intends to set up a special permanent court to settle all disputes relating to the division of land.

Because for Ronald Lamola, " 

settling the land issue is not only a socio-economic imperative, but it is also a way to restore the soul of our nation

 ".

This tribunal, composed of 5 judges, and accompanied by a court of appeal, will have the same powers as the country's high courts, and will therefore be more powerful than the institution that existed until now to deal with these questions. .

The law creating this tribunal has yet to be passed by the South African Parliament.

And it will be able to take up disputes in connection with the future law on expropriation without compensation:

a controversial measure

, which can only be applied in cases of abandonment of land, speculation, or if there is a health risk.

This reform of the Constitution, promised by Cyril Ramaphosa, is for the moment still in preparation.

With these changes, the ANC hopes to find a compromise, between the disappointed on its left, who criticize it for not going far enough in redistribution, and the critics on its right who fear a collapse of the agricultural sector and the flight of investors. .  

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  • South Africa