Concourt judgment on labour tenants a lesson for government: Lamola

At the heart of the arguments at the constitutional court in Johannesburg was a portion of Hilton College’s 1,762ha property, which includes farmland, timber plantations and a game reserve.

He added that he was also happy that government was dealing with the"land question as a whole", particularly ensuring that there was"rapid land release". It was also important, he said, that the government was able to"transform agriculture ... to make sure we make a contribution into the economy". The majority of the constitutional court judges found that the land claims court directed itself “properly” by ordering the appointment of a special master.

“The majority judgment holds that for over two decades, the department has manifested what is seen to be obstinate misapprehension of its statutory duties,” said Cameron. “All this, the majority finds, shows that the mythical spell must be broken and the impasse must be resolved and this can be done with co-operation, goodwill and respect without necessary adverse combat between the courts and the department,” the judgment reads.

“In this case, the fact that the department’s tardiness and inefficiency in making land reform and restitution real, has triggered a constitutional emergency. This underscores the need for practical judicial intervention.”

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