The School of Law at UKZN recently hosted the Land Court’s engagement with key stakeholders in the sector – attorneys, advocates, families representing claimants, and civil society organisations.
The event formed part of the School of Law’s community engagement initiatives, to strengthen institutional collaboration and partnerships, and provide students with exposure to social justice issues and career opportunities.
Welcoming participants on behalf of the Dean and Head of School, Professor Freddy Mnyongani, was Dr Janine Hicks, who highlighted the significance of the gathering.
“As Constitutional Law scholars and social justice practitioners, I speak for many of my colleagues when I say that we are firm advocates of the principle of transformative constitutionalism. Through our legal research, education and activism through community engagement, we seek to use the principles, rights and obligations embedded in our Constitution to challenge and bring about transformation of institutionalised discrimination and inequality,” she said.
Hicks welcomed the opportunity for the School of Law to engage with stakeholders on land reform and restitution issues, and the partnership to unfold. This will see the School of Law working with the Land Court to identify critical issues for research, as well as having land claims cases referred to UKZN Law Clinics.
“You are all in this room because of your conviction and determination to ensure redress of wrongs and access to rights,” she said, underscoring the importance of engaging Law students in these processes, and exposing them to internship opportunities, to build specialist knowledge on land rights.
The keynote address was delivered by the Honourable Judge President Carelse, who outlined the vision and priorities of the Land Court, including its expanded jurisdiction and commitment to mediation.
“We envision a Land Court that is accessible to diverse communities, providing access to justice not only for historic dispossession of land, but also for systemic and persistent forms of discrimination and inequality that undermine security of tenure, and thereby dignity, equality and freedoms,” she remarked.
Throughout the day, judges, legal practitioners, government officials and civil society partners explored critical issues affecting the Land Court, from recent amendments to the Extension of Security of Tenure Act to the roll-out of online court systems.
Stakeholder presentations raised concerns around funding constraints, communication challenges with state offices, and frustrations from communities navigating the restitution process. These discussions underscored the pressing need for improved accessibility, efficiency, and alternative dispute resolution mechanisms within the court system.
The participation of top-performing property law students was also key in this engagement. Students contributed to deliberations and explored how digital innovation – particularly online systems and artificial intelligence – can assist in broadening access to justice for marginalised communities.
UKZN Law student Ms Anastasia Govender reflected, “This experience has contributed to my academic success as it has broadened my mind and expanded my knowledge and insight into the land sector and also guided me towards a very likely postgraduate route to take as a job interest where I can contribute and make a difference.”
Words: Ayanda Radebe
Photograph: Andile Ndlovu