The historical legacy in South Africa of apartheid and the resulting discriminatory policies and power imbalances are critical to understanding how water is managed and allocated, and how people participate in designated water governance structures. The progressive post-apartheid National Water Act (NWA) is the principal legal instrument related to water governance which has broadly embraced the principles of Integrated Water Resources Management (IWRM).

The following is an account of a grassroots movement led by a group of NGOs and communities who went to the Constitutional Court, the highest court in South Africa, to challenge the law dealing with land claims.

They wanted the Court to declare the Restitution of Land Rights Amendment Act 15 of 2014 unconstitutional; and they won!

Summary of the Land Reform Workshop for TA Partners and Constituencies. 

Mayibuye iAfrika! Community Submission to the Green Paper on Land Reform 

TA Media Release - 99 Years without our Land - Mayibuye I'Afrika!

The Green Paper for Land Reform.

Comment on Green Paper on Land Reform 

LAMOSA Community Guide - ConCourt Challenge 

In this case, which was  heard before the Constitutional Court of the Republic of South Africa, The Restitution of Land Rights Amendment  Act 15 of 2014  was declared invalid. The Act, among other things, sought to extend the period in which land restitution claims could be  lodged. However, the court found that the Parliament did not sufficiently  consult with key stakeholders including those who had successfully  lodged claims under the previous Act of 1994. 

To provide for the restitution of rights in land in respect of which persons or communities were dispossessed under or for the purpose of furthering the objects of any racially based discriminatory law; to establish a Commission on Restitution of Land Rights and a Land Claims Court; and to provide for matters connected therewith.