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Legal
Services
Objective:
To provide quality legal and para-legal support services to poor
and landless communities wishing to exercise their land and other
human rights.
This work is implemented by the Land Rights Legal Unit of Nkuzi
which is registered as a law clinic. The Legal Unit operates from
Polokwane and recently placed a new attorney in the Nkuzi Elim office
as part of a co-operation agreement with the Legal Aid Board. Nkuzi
is exploring ways to extend legal services to all parts of the Province
through establishment of further legal capacity in another under
served part of the Province.
Sub-Objectives:
- Provide
Legal assistance to people who would not otherwise have it on
land rights and related cases
- Make
the legal system accessible to the poor and landless with a focus
on farm workers and women
- Support
the delivery of land related human, social and economic rights
- emphasis
on the needs of the rural poor, farm workers and women
- Build
legal and para-legal capacity to deal with land related cases
Main Activities:
- Informing
and advising farm dwellers and others of their land rights
- Assisting
in negotiations with land owners to reach acceptable solutions
to land conflicts
- Opposing
eviction orders in court
- Making
inputs to government provincially and nationally on tenure, restitution
and other laws which impact on land rights
- Taking
land claims directly to the Land Claims Court. Using cases taken
to court to set important precedents that will influence the application
of the Restitution of Land Rights Act. Using the lessons from
these cases to support inputs on policy
- Providing
legal advice in negotiations regarding the settlement of land
claims
- Carrying
out private prosecutions of land owners for illegal evictions
in terms of the Extension of Security of Tenure Act-Defending
farm dwellers and NGO workers faced with trespass charges and
other threats
- Assisting
in the registration of legal entities for land ownership, including
preparing constitutions
- Providing
legal support to advice offices regarding land reform and land
rights issues
- Working
closely with the other Nkuzi field staff in order to provide legal
support to their projects
Resources:
- Two attorneys in the Limpopo Province
- One Legal Secretaries
- Litigation fund for paying for additional expert
legal help and other disbursements when needed.
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