Joburg's biggest land claim gets underway

Property owners in the south of Joburg had until 2 February 2017 to make representations to the Land Claims Commission following arguably the largest urban land claim in Gauteng. The community is claiming close to 1,377 properties in the South of Gauteng, which includes municipal land, residential housing, water facilities, schools, hospitals, hotels, and public infrastructure. The history of this case dates back to 1995, and despite the long timeline, a resolution is yet to be reached. Joining CNBC Africa to shed light on the process is Bulelwa Mabasa, Director at Werksmans Attorneys. Mabasa explains that the land claim was initially deemed frivolous by the commission due to its vast scope, involving essential facilities like hospitals and schools. However, the Land Claims Court later ruled in favor of the community's claim. The question now is whether the claimed land is restorable, with considerations on the economic value and community services it provides. The legislation allows for alternatives like compensation or alternative land provision if restoration is not feasible. Representations have been made to the commission by property owners, but the process of mediation and settlement among all relevant parties can be lengthy. The claim's publication does not equal proven validity, as further research by historians and anthropologists is necessary. A recent constitutional court ruling urges the commission to resolve long-standing claims within the next 18 months, putting pressure on the resolution process. State entities are not exempt from the process and must apply to the Land Claims Court for exclusion. The rationale includes the need for government cooperation and ensuring essential services like road infrastructure and water distribution are not disrupted by the land claims process. The community and property owners await further developments as the complex process of validating and resolving the extensive urban land claim continues.