17 May 2018
Today the 17th of May 2018 Lawyers for Human Rights will appear in the constitutional court to confirm the High Court judgment granted on the 26th of September 2017 in the case of Mantshabelle Mary Rahube.
The High Court held that Section 2(1) of ULTRA is constitutionally invalid insofar as it automatically converted holders of land tenure rights into owners of property, without providing the occupants and affected parties lacking ownership rights notice or opportunity to make submissions to an appropriately established forum, prior to the conversation of the land tenure rights into ownership. Further to this the constitutional invalidity would be made retrospective to the 27th of April 1994, however its application is suspended for a period of 18 months to allow Parliament the opportunity to introduce a constitutionally permissible procedure to cure the constitutional invalidity.
We will be seeking a confirmation of this declaration of invalidity.
For further information, please contact:
Tarisai Mugunyani or Carol Mohlala on 012 320 2943 / 079 238 9826