Legal Aid South Africa has called for additional funding to support its land rights management unit, which provides legal assistance to farm occupiers, labour tenants, and land claimants.
The entity made its case before the portfolio committee on land reform and rural development, citing a growing caseload and severe financial constraints.
Advocate Kgotso Godfrey Maja, the deputy chairperson of Legal Aid SA, told the committee that the unit had been operating with a shortfall since its inception in January 2022.
“The total funding required for the period since inception has been R527-million, but we have only received R329-million from National Treasury,” he said.
Maja further explained that the unit had received 740 matters from the Department of Agriculture, Land Reform, and Rural Development when it took over the mandate in 2022.
Of these, only 261 cases, just 35%, had been finalised due to capacity challenges and delays in the Land Court.
“The more money we spend on personnel, the more services we can offer,” Maja argued.
He was responding to concerns from committee members about the entity’s high cost of employment.
“This is not wasteful expenditure; it is a necessary investment in legal practitioners who can fight for the land rights of vulnerable communities.”
Land beneficiaries victimised
Committee members generally welcomed the unit’s role but raised concerns over the slow pace of case finalisation and the potential victimisation of land claimants.
Zwelakhe Mthethwa, the uMkhonto weSizwe MP, alleged that farmworkers and tenants were being targeted by well-resourced white farmers who used legal loopholes to delay justice.
“The beneficiaries of the legal rights management unit are being victimised by organised farmers who happen to be white,” said Mthethwa.
“These farmers have the resources to hire expensive lawyers, and in some cases, they even threaten the local police. We need Legal Aid SA to be capacitated so that it can stand up to these people.”
EFF MP Noluvuyo Tafeni echoed Mthethwa’s sentiments, urging faster resolutions.
“Cases that take long to be finalised are a hindrance to justice,” said Tafeni.
“Is the funding you have now sufficient to deal with the current backlog? And what percentage of matters are dealt with internally compared to those handled by outsourced attorneys?”
Mzoleni Mrara, the ANC MP, admitted that he was unaware of the unit’s existence before the meeting.
He questioned the unit’s effectiveness, saying: “Clean audits are good, but they don’t mean anything if the services are not getting to the people on the ground.
“How long does the LRMU [land rights management unit] take to conclude a case, and what is its success rate?”
419 land matters finalised
In response, Maja acknowledged the delays but insisted that the unit was making progress.
“Legal Aid SA has successfully finalised 419 land matters in the 2024/25 financial year. We have only lost one case so far,” he said.
“However, our work is hindered by the fact that the Land Court has only one permanent judge. This limits how many cases can be processed at any given time.”
The Minister of Land Reform and Rural Development, Mzwanele Nyhontso, briefed the committee on ongoing discussions with traditional leaders regarding land administration.
He expressed support for stronger legal protections for farm occupiers.
“There should be a moratorium on farm evictions. Too many vulnerable families are being pushed off their land without proper legal recourse,” Nyhontso said.
“We also need to dig deeper into the issue of communal property associations because some officials in the department might be benefiting from the chaos.”
Committee members also questioned the legal options available to rural landowners.
DA MP Bonginkosi Madikizela asked whether an ordinary citizen could challenge the Protection of Informal Land Rights Act, which has remained an interim measure since 1996.
“Can a rural landowner approach Legal Aid SA to challenge this law in the Constitutional Court?” he asked.
Additional information sought
Maja responded that Legal Aid SA could provide support if funding was allocated for such cases.
As the meeting concluded, committee members urged Legal Aid SA to submit additional information on pending cases, funding requirements, and the effectiveness of outreach campaigns.
Mthethwa insisted that Legal Aid SA must be equipped to handle cases efficiently.
“We need to stop pretending that land injustices are accidental. There are people who deliberately prolong cases so that the landless remain landless. We cannot let that continue,” Mthethwa said.
Nyhontso assured the committee that his department would continue engaging Legal Aid SA to explore solutions.
“Legal Aid plays a critical role in ensuring justice. We need to make sure they have the resources to do their work properly,” Nyhontso said.
The portfolio committee is expected to deliberate further on Legal Aid SA’s request for increased funding in upcoming budget discussions.
