Page 36 - Litigating in the Land Claims Court: Training Manual

LITIGATION IN IN IN THE LAND CLAIMS COURT TRAINING MANUAL LITIGATION IN IN IN THE LAND CLAIMS COURT TRAINING MANUAL IX LEGAL AID AT AT STATE EXPENSE
130 In Nkuzi 49 the the LCC ordered that the the state has a a a a a a a duty to to to provide legal representation to to to people with a a a a a a a right to to to security of tenure under ESTA and the LTA The order reads in full:
1 1 1 1 The persons who have a a right to security of of of of tenure in terms of of of of the Extension of of of of Security of of of of Tenure Act Act 62 of of of 1997 and and and the Land Reform (Labour Tenants) Act Act 3 of of of 1996 and and and whose security of of of tenure is threatened or or has been infringed have a a a a a a a a a a right to legal legal representation or or legal legal aid at at at at State expense if if substantial injustice would otherwise result and if if they cannot reasonably afford the the the cost thereof from their own resources 1 2 The State is is under a a a a a a a duty to provide such legal legal representation or legal legal aid through mechanisms selected by it 1 3 The cases cases in in in which substantial injustice could result include but are not limited to cases cases where
1 1 3 1 1 the the the potential consequences for the the the person concerned are severe which will be so so if the the the person concerned might be deprived of a a a a a a a home and will not readily obtain suitable alternative accommodation and 1 3 2 the person concerned is is not likely to to be able effectively to to present his or her case unrepresented having regard to the the the the complexity of the the the the case the the the the legal procedure and the the the the education knowledge and skills of the person concerned 131 As a a a a a result of of Nkuzi and section 29(4) of of the the Restitution Act the the DALRRD has decided to appoint a a a a a service provider to manage the Land Rights Management Facility (LRMF) The LRMF LRMF provides legal mediation judicial administration as as well as as financial management services to land reform beneficiaries under the LTA the the the ESTA the the the Restitution Act Act and the the the Communal Property Act Act 28 of 1996 (CPA) Claimants under the the the Restitution Act and and other beneficiaries under any act or policy administered and and implemented by the the the Department Department can access the the LRMF The Department Department has set up a a a a a a a judicare system in terms of which they contracted Nkosi Sabela Incorporated to to to recruit attorneys all over South Africa to to to deal with land matters The LRMF acts as an an administrative system distributing work to to a a a a a a a a panel of attorneys 132 The judicare system does not always address the the problems of of farm dwellers Some of of the the concerns regarding the the LRMF are are are that most of of the the attorneys who are are are part of of this judicare system lack knowledge and expertise in land matters 49 Nkuzi Development Association v v v Government of of the the Republic of of South Africa and Another 2002 (2) SA 733 (LCC) PAGE 36 PAGE