How the Legal Resources Centre Has Led the Fight for Land Rights in South Africa: 45 Years of Landmark Cases, Restitution, and Empowering Communities.
For nearly half a century, the Legal Resources Centre (LRC) has been at the forefront of land litigation and advocacy in South Africa, championing the rights of communities whose land was stolen through centuries of dispossession. The struggle for land in our country is not merely about owning a piece of property—it’s about the right to dignity, heritage, and the ability to feed oneself and one’s family. The LRC has been one of the few organizations committed to addressing these historical injustices, and we are proud to remain South Africa’s leading advocate in this fight.
Our work in land justice is not just about restoring land; it’s about restoring lives. Across South Africa, land is still the difference between poverty and a secure future. For communities that have been dispossessed for generations, having land is not just about economics—it is about identity, history, and survival. For 45 years, the LRC has been at the forefront of ensuring that these communities are empowered and that the structural inequalities of the past are not carried into the future.
A Legacy of Landmark Cases
Over the decades, the LRC has tackled some of the most critical land cases in the country. One of our landmark victories came in 2004 with Jaftha v Schoeman, a case that underscored the vital importance of housing rights. In this case, we successfully argued before the Constitutional Court that the sale of homes to settle debts, without judicial oversight, was unconstitutional. This ruling set a vital precedent, ensuring that the right to adequate housing, enshrined in Section 26 of the Constitution, would be protected for South Africa’s most vulnerable communities.
Another triumph came in 2006 with the Richtersveld case, which was a watershed moment for land restitution in South Africa. The LRC represented over 4,000 individuals from the Richtersveld community in the Northern Cape, securing their right to reclaim their ancestral land. For over a decade, we fought tirelessly to restore their land rights, and this victory has allowed the community to not only recover their land but also access the natural resources vital to their survival. This is the essence of what we do: empowering communities to reclaim their heritage and secure their future.
In 2010, we secured another groundbreaking victory when the Constitutional Court declared the Communal Land Rights Act (CLaRA) unconstitutional. This Act would have had devastating implications for over 21 million people living on communal lands, many of whom still struggle under apartheid-era land divisions. By striking down this Act, the LRC ensured that communal land rights remain protected and that governance systems reflect the democratic values of equity and inclusion. This case was not just about legal arguments; it was about protecting the livelihoods and dignity of millions of South Africans.
Promoting Living Customary Law
As we continue to fight for land justice, we also remain committed to advancing living customary law. The imposition of apartheid-era tribal divisions through the Traditional Leadership and Governance Framework Act (2003) has perpetuated deep inequalities in rural communities. The LRC has played a key role in challenging these laws, advocating for the recognition of governance systems that reflect the lived realities of communities rather than maintaining outdated, colonial divisions. This work is crucial in empowering communities to restore self-governance and secure their land rights.
The Long Road to Restitution
The LRC’s work on land justice also intersects with the broader issue of restitution. In 2013, we represented the Florence family, who had been forcibly removed from their home in Cape Town’s Black River under the Group Areas Act. The Constitutional Court’s ruling in their favor not only addressed their right to restitution but also set a precedent for just and equitable compensation for victims of forced removals. This case is emblematic of our ongoing commitment to ensuring that those who were torn from their homes under apartheid receive justice.
But our work does not stop with historic cases. In the Cala and Amahlathi cases, we represented rural communities in their ongoing fight for access to land and natural resources. These cases have brought attention to the government’s failure to implement meaningful land reform, a constitutional mandate. Decades after the fall of apartheid, only a fraction of the land that was supposed to be redistributed has been returned to its rightful owners. The LRC remains vigilant in this fight, holding the state accountable and ensuring that South Africa’s most marginalized communities are not forgotten.
A Fight Far From Over
While we have celebrated many victories, the fight for land justice is far from over. The legacy of land dispossession remains deeply entrenched, and many South Africans are still waiting for the promises of land reform to be fulfilled. The LRC remains one of the few organizations committed to addressing these systemic inequalities and fighting for the rights of communities who have been left behind.
In the face of political debate over issues like expropriation without compensation, the LRC will continue to stand on the side of justice. We believe that the Constitution’s vision of equitable access to land and resources is not just an ideal—it is a promise that must be kept. Our work is not just about winning court cases; it is about transforming the lives of millions of people and ensuring that the injustices of the past are not repeated in the future.
For 45 years, the LRC has stood at the forefront of the fight for land rights. We are proud of our history, but we know that there is still much work to be done. As we look to the future, we remain committed to the cause that has driven us for decades: securing justice, dignity, and land for all South Africans.