Reference code
ZA UCT BC1570_A_A2_A2.3
Title
CLRA constitutionality challenge
Date(s)
Level of description
Subseries
Extent and medium
Name of creator
(1960-2011)
Archival history
Immediate source of acquisition or transfer
Scope and content
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.