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Of the five candidates shortlisted for the post, two are judges, two are practising advocates and, for the first time in 25 years, a law professor is on the shortlist. Both Judges— provided some of the early ideas that framed post-1994 constitutional law. With a B1 rating from the National Research Foundation, Bilchitz has had global recognition for his publications on human rights and constitutional law.
However, outside of written judgments, it’s not entirely clear whether the JSC is able to assess the broader experience of candidates who come before it.
The land court is a crucial institution in the struggle for land justice in South Africa. It has nationwide jurisdiction and is one of few courts that try to come to where the people are. Most of the court’s users are vulnerable rural communities seeking restitution for land dispossession, or secure tenure on land they have lived on and worked for generations. Recent changes to the law have given the land court some permanency, a wider scope of focus, and additional powers.
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