Land Court Act, 6 of 2023

(English text signed by the President)

(Assented to 16 September 2023)

To provide for the establishment of a Land Court and appeals against decisions of the Land Court; to make provision for the administration and judicial functions of the Land Court; to provide for the jurisdiction of the Land Court and Magistrates’ Courts for certain land related matters; to provide for mediation procedures; to amend certain laws relating to the adjudication of land matters by other courts; and to provide for matters connected therewith.

PREAMBLE

NOTING THAT section 25 of the Constitution of the Republic of South Africa, 1996, which is enshrined in the Bill of Rights—

obliges the State to take reasonable legislative and other measures, within its available resources, to foster conditions which enable citizens to gain access to land on an equitable basis; and
envisages the State taking legislative and other measures to achieve land, water and related reform, in order to redress the results of past racial discrimination;

AND NOTING THAT section 34 of the Constitution of the Republic of South Africa, 1996, accords everyone the right to have any dispute that can be resolved by the application of law decided in a fair public hearing before a court or, where appropriate, another independent and impartial tribunal or forum;

NOTING FURTHER THAT section 7 of the Constitution of the Republic of South Africa, 1996—

proclaims that the Bill of Rights is a cornerstone of democracy in South Africa and that it enshrines the rights of all people in the country and affirms the values of human dignity, equality and freedom;
obliges the State to respect, protect, promote and fulfil the rights in the Bill of Rights;

AND ALSO NOTING THAT section 166(e) of the Constitution of the Republic of South Africa, 1996, recognises courts established in terms of an Act of Parliament with a status similar to either the High Court of South Africa or the Magistrates’ Courts;

AND RECOGNISING THAT with the advent of the democratic constitutional dispensation in 1994, South Africa inherited a fragmented, unequal and divisive dispensation relating to all aspects of land, which was derived from our colonial history and further structured to serve the segregation objectives of the apartheid dispensation;

AND SINCE land reform initiatives to address the destructive impact of colonialism and apartheid have not progressed at the desired pace, sometimes giving rise to expensive and protracted litigation, to the detriment of the poorest of the poor and most vulnerable in society;

AND SINCE THEREFORE IT IS necessary that land reform in its entirety be accelerated in a lawful and equitable manner, guided by progressive jurisprudence;

AND SINCE IT IS FURTHERMORE necessary and desirable that there should be specialised, well-resourced, accessible and streamlined adjudication structures in place with the institutional, transformative and social justice wherewithal in land matters, in order to enhance and promote fairness and equity at all stages of the adjudication processes before and during court proceedings.

DEFINITIONS, PURPOSE AND OBJECTS

CHAPTER 1

1. Definitions

In this Act, unless the context indicates otherwise -

‘‘claim’’ means—

(a) any claim for restitution of a right in land lodged with the Commission; or

(b) any application lodged with the registrar of the Court for the purpose of claiming restitution of a right in land,

in terms of the Restitution of Land Rights Act;

‘‘claimant’’ means any person who has lodged a claim in terms of the Restitution of Land Rights Act;

‘‘Commission’’ means the Commission on Restitution of Land Rights established by section 4 of the Restitution of Land Rights Act;

‘‘Constitution’’ means the Constitution of the Republic of South Africa, 1996; ‘‘Court’’ means the Land Court established by section 3;

‘‘day’’ means a day that is not a public holiday, Saturday or Sunday;

‘‘dispute’’ means a dispute arising from a matter in respect of which the Court has jurisdiction, and includes an alleged dispute;

‘‘full court’’ means a court consisting of three judges of the Court;

‘‘High Court’’ means the High Court of South Africa referred to in section 6(1) of the Superior Courts Act;

‘‘Judicial Service Commission’’ means the Judicial Service Commission contemplated in section 178 of the Constitution;

‘‘Magistrate’s Court’’ means any court established in terms of section 2 of the Magistrates’ Courts Act, 1944 (Act No. 32 of 1944);

‘‘Minister’’ means the Cabinet member responsible for the administration of justice; ‘‘prescribed’’ means prescribed by regulation;

‘‘President’’ means the President of the Republic;

‘‘registrar’’ means the registrar of the Court contemplated in section 11, and includes the assistant registrar;

‘‘Restitution of Land Rights Act’’ means the Restitution of Land Rights Act, 1994 (Act No. 22 of 1994);

‘‘rules’’ means the applicable rules of the Court;

‘‘Rules Board’’ means the Rules Board for Courts of Law established by section 2 of the Rules Board for Courts of Law Act, 1985 (Act No. 107 of 1985);

‘‘Superior Courts Act’’ means the Superior Courts Act, 2013 (Act No. 10 of 2013); and

‘‘this Act’’ includes any regulation.

2. Purpose and objects of Act

(1) The purpose of this Act is to enhance and promote the ideal of access to land on an equitable basis, promote land reform as a means of redressing the results of past discrimination and facilitate land justice.

(2) In fulfilling the purpose of this Act as contemplated in subsection (1), the objects 5 of this Act are to—

(a) establish a Court with jurisdiction to grant any order, appropriate relief or impose any sanction, as provided for in this Act or any other law that confers jurisdiction on the Court;

(b) establish an appeal process to hear and determine appeals emanating from the 10 judgments and orders of the Court; and

CHAPTER 2

ESTABLISHMENT, COMPOSITION, SEAL, SEAT

AND JURISDICTION OF COURT

3. Establishment of Court

(1) The Land Court is hereby established as a court of law and, in relation to matters arising from the application of the Restitution of Land Rights Act or any other legislation expressly providing therefor, as a court of law and equity.

(2) The Court—

(a) is a Superior Court that has the authority, inherent powers and standing, in relation to matters under its jurisdiction, equal to that which a Division of the High Court of South Africa has in terms of the Superior Courts Act in relation to matters under its jurisdiction;

(b) is a court of record and all hearings in the Court must, except in so far as the Court may in special cases direct otherwise, be conducted in an open court; and

SA Court Rules.co.za

Downloads | Subscriptions

CHAPTER 1

2. Purpose and objects of Act

CHAPTER 2

3. Establishment of Court