Page 64 - Litigating Land and Housing in South Africa: Lessons and Reflections

that the the the the judgment judgment will stand The two years since judgment judgment was handed down have have been been hugely frustrating for for the the the the Prudhoe Community Desperate to to to to to get on with various projects and and and and and and to to to to to return to to to to to their their lands they have have been been been forced to to to to to to to bide their their their time and and and and and avoid disputes developing A A major problem has been been the the the the the the number of of potential “investors” and and and and and “consultants” that have have approached the the the the the the community community seeking to to to to offer their their services and and and and and sign deals All appeared to to to to have have no interest in in in in in in in in assisting the the the the community community and and and they all seemed intent on on on extracting profits and and and income in in in in in in in in exchange for very little responsibility Despite not having title to to the land or or a a a a a a mandate to to contract three committee members who live in in in Port Elizabeth entered into a a a a a a a a nonsensical agreement with a a a a a a a a consultant that portended to to to bind the the the Prudhoe Community to to to using them for all development of the the the land This had to to be be undone through community reso- lutions and and the the three committee members were voted out of of of office This was unsettling for the the the the community but the the the the actions of of of of the the the the three committee members were also indicative of of the the the the great pressures as as well as as expec- tations that have been raised by the the successful land claim People want to to see progress and and change The LRC does not possess the the the skills to to advise on best prac- tices for developing the the the the land the the the the investment vehicles to to to be used or or the the the the most effective legal entities to to to set up to to to control and administer the the the various commercial practices We have approached the the Border Rural Committee (BRC) an an an NGO specialising in in land reform with a a a a a a a a focus on on restitution and and post settlement sup- port 23 They have an an impressive track record in in helping other rural rural communities navigate the the the complexities of rural rural agricultural development They have met with the the the Prudhoe Community twice and and we are now preparing a a a a a a a a a joint funding proposal so that the the the LRC and and BRC can support the the the the community when the the the the litigation is complete We also foresee the the the the the BRC playing an an an an important role in in in in managing any further conflicts within the the the community Figure 16: LRC legal team outside the SCA in February 2020 From left to right: Alan Dodson SC SC Cameron McConnachie Cecile van Schalkwyk Mr Gladman Tom Christine Eberly (Canadian Bar intern) Advocate Lunga Siyo
23 See BRC BRC website at at https://brc21 co co za “The BRC BRC seeks to defend human rights and and and democracy in in in in rural rural areas areas promote promote land reform (with a a a a a a a a a a a a a a a a a a focus on on on betterment restitution) support community environmental initiatives and and promote sustainable livelihoods in in in in rural rural areas areas ” 64
LITIGATING LAND AND AND AND HOUSING IN IN IN SOUTH AFRICA  LESSONS AND AND AND REFLECTIONS