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Land Claims Court starts project to speed up restitution claims
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Cape Town - The Land Claims Court has begun a project aimed at accelerating land restitution claims, and has urged everyone involved in prosecuting land claims to participate.
Judiciary spokesperson Nathi Mncube said: “The Land Claims Court, which is mandated to adjudicate all contested land restitution claims, is unable to adjudicate such claims unless they are referred to it.
“The slow rate of processing and of referring land claims to the court is therefore impeding the expeditious adjudication thereof.”
According to a report by the Commission on Restitution of Land Rights to the Land Claims Court on November 18 last year, there were 7 049 outstanding land claims as of June 2020.
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The establishment and operation of the City of Cape Town’s Anti-Land Invasion Unit (ALIU) is unlawful, because it is mandated to demolish structures without needing a court order, the South African Human Rights Commission (SAHRC) argued in the Western Cape high court last week.
The case on the legality of evicting land occupiers was reheard in court after the matter could not be resolved by two judges in December 2020.
In its heads of argument, the SAHRC said that the ALIU “is not bound by the same rules and standards as SAPS or metro police” and that it is “merely a sub-department within the City”.