Legal Aid SA is approaching the Land Claims Court in a battle that is likely to reach the Constitutional Court as it inherits the Land Rights Management Facility that was previously entrusted to the Department of Agriculture, Land Reform & Rural Development.

A Cape Argus report says as part of its new mandate, Legal Aid will now be assisting people with land issues with regard to unlawful evictions, land claims and other land-related matters.

Currently, Legal Aid has just over 650 active land-related cases on its books.

According to Legal Aid, the availability of suitable alternative accommodation is one of the relevant circumstances to be considered in all eviction matters.

In several cases, the Constitutional Court has held that if there is a risk that the occupier will be rendered homeless when evicted, the municipality must provide alternative accommodation.

Legal Aid spokesperson Janeske Botes said it had taken on the new mandate but had also inherited a number of matters from the Land Rights Management Facility.

‘If this is successful in terms of the provisions around an eviction order, then that will be a great change in terms of how farm occupiers and labour tenants are actually experiencing the eviction process,’ Botes said.

Full Cape Argus report