Last updated on 23 August 2026
A staggering 8 913 labour tenant land claims remain unresolved almost three decades after the legislation meant to protect labour tenants’ rights was introduced, renewing focus on the long-running backlog and the systems used to process the cases.
The Office of the Special Master of Labour Tenants reported that this figure remains outstanding nationally, with the majority concentrated in KwaZulu-Natal and Mpumalanga.
The figures were presented to Parliament’s Portfolio Committee on Land Reform and Rural Development, which has called for urgent, coordinated and measurable action to reduce the backlog and move claims towards finalisation.
The committee said resolving the outstanding matters is important to advancing land reform, protecting vulnerable rural communities and giving effect to the constitutional promise of secure tenure and equitable redress.
The latest figures show that while some cases have moved into the court process, thousands remain at different stages, with legal, administrative and funding challenges continuing to affect the pace at which matters are resolved.
Hundreds of cases have reached the Land Court
The Department of Land Reform and Rural Development told the committee that 302 labour tenant cases have been referred to the Land Court.
A further 178 draft referrals are being prepared during the current financial year.
Of the cases already referred, 199 have been allocated to judges and placed under active case management, meaning those matters have moved beyond referral and are now being handled within the court process.
The department also outlined plans to revive dormant historical matters through 70 pilot cases that will be reactivated under the supervision of the Deputy Judge President of the Land Court.
The committee welcomed measures aimed at improving the way claims are prepared and managed.
These include a Labour Tenant Claims Resolution System, a Land Court-led mediation committee, a legal representation framework and expanded geospatial mapping support for court-ready referrals.
The measures are intended to improve coordination between the different structures dealing with the claims and help move historical cases through the system.
But the figures also show the gap between the cases that have progressed and the thousands that remain outstanding.
With 8 913 claims still unresolved, the challenge extends beyond getting cases into court to ensuring that matters already in the system can reach final decisions.
Legal and funding pressures slow cases
Legal Aid South Africa told the committee that it has handled 647 labour tenant matters since taking responsibility for land rights matters in 2022.
Of these, 360 have been finalised, while 287 remain pending.
Among the pending matters, 139 are before the courts, while another 148 are awaiting referral by the department.
Legal Aid identified several issues affecting the pace of litigation, including delays in referrals, incomplete claim documentation and the need for expert reports.
Cases involving deceased claimants can also complicate the process, particularly where matters have remained unresolved for long periods.
Funding has emerged as another pressure point.
The committee heard that both the department and Legal Aid have indicated that current resources are insufficient to meet the demands associated with labour tenant litigation.
Concerns include funding for legal representation, expert witnesses and travel costs, all of which can affect the ability to prepare and pursue cases.
The Office of the Special Master also reported that some implementation structures, including the War Room and provincial coordination mechanisms, have not yet been fully operationalised.
These gaps add another layer to a process already dealing with historical cases and large numbers of claimants.
Backlog puts focus on what happens next
The committee welcomed commitments from the institutions involved to strengthen and speed up the labour tenant programme.
The proposed measures include dedicated coordination structures, better management of historical cases, expanded mediation and legal support, improved digital case-management systems and faster use of geospatial services to support court referrals.
The focus now shifts to whether these measures will help move more cases towards finalisation and reduce the backlog.
The figures presented to Parliament show that some progress has been made. Hundreds of cases have been referred to the Land Court, 199 are under active judicial management and Legal Aid South Africa has finalised 360 matters since 2022.
However, 8 913 claims remain outstanding.
The committee’s latest intervention puts the pace of resolving these cases under renewed scrutiny, particularly as some claims have remained unresolved for almost three decades. – news@mukurukuru.co.za
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