The Land Claims Court has ruled that the government has violated the rights of District Six claimants who lodged their claims as far back as 1998
Cape Town - , but are still awaiting restitution. In a far-reaching judgment on Wednesday, ahead of Human Rights Day, Judge Jody Kollapen granted the claimants a declaratory order, forcing the Department of Rural Development and Land Reform to make good on its promise of restitution.
It seeks declaratory relief, which is to provide restitution to the claimants who lodged valid claims by December 31, 1998. It also wants mandatory relief and for the department and the commission to provide details of funding and budgeting and progress reports. In court papers it’s stated that the national government and the commission have an obligation in terms of the Constitution to fulfil the Bill of Rights. One of those rights is the right to restitution.
“Our papers have been completed and we will be approaching the court this week. There is nothing stopping us from getting back to District Six,” Ajams said.
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