South Africa to set up new land court – which will allow ‘hearsay’ evidence on land claims

A draft copy of the new Land Court Bill has been published, detailing the government’s plans to establish a specialist Land Court as well as a Land Court of Appeal.

The new courts are specifically aimed at accelerating the country’s land reform programme as well as resolving such backlogs and disputes around land claims.

Justice and Correctional Services minister Ronald Lamola has said that the bill seeks to address the systemic hurdles that make it difficult for land claimants to obtain land restitution.

However, the bill is likely to face some controversy as it will allow potential claimants to present evidence, including oral evidence, which it considers relevant and cogent, whether or not such evidence would be admissible in any other court of law.

This includes ‘hearsay evidence’ regarding the circumstances surrounding the dispossession of a land right or rights, and the rules governing the allocation and occupation of land within a claimant community at the time of such dispossession.

Lamola hs said that this will allow families to rely on oral history and the existence of elders with knowledge of description, location, and extent of land which their descendants previously occupied.”

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