Subseries A2.3 - CLRA constitutionality challenge

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ZA UCT BC1570_A_A2_A2.3

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CLRA constitutionality challenge

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(1960-2011)

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The LRC undertook on behalf of various rural communities to investigate the legal merits of challenging the constitutional validity of the Communal Land Rights Act (CLRA) of 2004. The challenge hinged on two arguments. Substantively, the Act undermined security of tenure, and particularly the tenure of women. Procedurally, the Act was passed in great haste before the 2004 elections, with very little consultation, and was tagged as a section 75 bill, not a section 76 bill, so a process of provincial consultation did not take place.

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