Cape Town – MPs have given a boost to the Land Claims Court, while giving the boot to Transport Minister Fikile Mbalula’s plan to reduce alcohol in motorists’ specimens to zero.
A National Assembly plenary passed the Land Court Bill, which seeks to establish a permanent and specialist land court and give it the same status as a high court.
The bill is among four pieces of legislation passed by MPs on Tuesday night.
The plenary also passed the Drugs and Drug Trafficking Amendment Bill, the Economic Regulation of Transport Bill and the National Road Traffic Amendment Bill. MPs asked for the two transport bills to be passed with amendments.
The National Road Traffic Amendment Bill proposed a further reduction of the limit on alcohol in blood specimens taken from motorists, but Mbalula’s totally alcohol-free motorists suggestion was shot down by MPs.
MPs raised concerns that motorists take medicine.
ANC MPs championing the Land Court Bill said it would fast-track cases and the new court would be afforded the status of a high court, whereas the Land Claims Court was established as a temporary solution post-1994.
Introduced in May 2021, the Land Court Bill, among others, allows for the new court to have a cheaper way of finding resolutions through mediation, makes provision for new or amending legislation to confer jurisdiction on the new court when there is a need, and gives the new court permanent judges.
Justice and correctional services committee chairperson Gratitude Magwanishe said the Restitution Act never foresaw the need for a permanent court with permanent judges.
Magwanishe said: “Instead, the Land Claims Court was established as a dedicated court with a limited lifespan to deal with claims for restitution of land. However, the restitution process became protracted and is still not completed.
“A lack of permanency of judges presiding over matters before the court and the absence of a permanent (judiciary) seat has contributed to the slow processing of and backlogs in land restitution claims to the dissatisfaction of land claimants.”
EFF MP Yoliswa Yako welcomed the Land Court Bill and said it was lifted from its policy documents, while DA MP Werner Horn said the implementation would be slow and a failed process.
UDM MP Nqabayomzi Kwankwa said as it is, the current Land Claims Court only benefits a few.
The Economic Regulation of Transport Bill looks to, among other things, create the position of a transport regulator who will oversee regulations and issues across the sector, establish a council, combine the economic regulation of the transport sector under one policy.
Mbalula said the bill would clamp down on the phenomenon of bribing traffic officers, popularly known as “cooldrink”.
The National Road Traffic Amendment Bill makes provision for the registration and grading of training centres, as well as enhanced scrutiny of driving schools.
Cape Argus
