Today we celebrate an important victory for some of the most neglected citizens of our country in the penultimate Court in our land. Judge Cameron, in his final judgement handed down today in the Constitutional Court, finds that the Land Claims Court acted within its remit when it ordered that a Special Master be appointed to oversee the implementation of the Land Reform (Labour Tenants) Act, after Government failed since the dawn of democracy to fully implement this important legislation. Labour Tenants have been waiting far, far too long to have their claims to land settled, and now a new legal instrument will provide greater capacity for the Court to oversee the effective implementation of this Act, to realise the Constitutional rights of labour tenants.
In handing down judgement to a full court this morning, Judge Cameron said,
“The outer limits of a remedy are bounded only by justice and equity. It may come in various shapes and forms dictated by the many and varied manifestations of what kind of remedy may [be] called for. In that case the court should be wary not to self-censor. It should do justice in the court of equitable remedy to those before it, as it is empowered to do.
In the view of the majority of this court, the land claims court directed itself properly and scrupulously to the facts before it, in appointing the special master. These show failing institutional functionality of an extensive and sustained degree. That cried out for a remedy.
It recognises our joint responsibility, as a country, for sustaining and growing and strengthening our institution. It acknowledges our judicial complicity in institutional and systemic dysfunction that continues to impede our attainment, of our shared constitutional aspirations and goals.”
Here is the copy of the judgment: https://drive.google.com/…/1j6NWpm6LvA06QAqIs_EEpw3Hl…/view…
Watch Justice Cameron hand over judgment: https://www.youtube.com/watch?v=iFSz1DmIrOA&fbclid=IwAR09Ar8cimgOEzXrf9xp5hgI-evUrYuUNUl3mmIJrk9VYjNTv3Zz-BUu4yI