REPUBLIC OF SOUTH AFRICA COMBINED SECOND PERIODIC REPORT UNDER THE AFRICAN CHARTER ON HUMAN AND PEOPLE`S RIGHTS and INITIAL REPORT UNDER THE PROTOCOL TO THE AFRICAN CHARTER ON THE RIGHTS OF WOMEN IN AFRICA 239. Many challenges have arisen in terms of land reform, to name a few: the increasing urbanization of South Africa, differences between large regional and sectoral land uses, the need for greater post-settlement support for new farmers, the slow pace and settling of remaining land restitution claims which result in negative impacts on agricultural production and the acquisition of land by Government at reasonable prices. 240. During the period under review, the Restitution of Land Rights Amendment Bill was finalised. The Bill aimed to, once passed, guarantee the right to lodge claims to certain categories of people who were excluded from the previous restitution process. Case law 241. There were attempts to address the problem of ownership of communal land, especially in rural areas through the passing of the Communal Land Rights Act, 2004.151 However, during the period under review, this Act was declared unconstitutional by the Constitutional Court. 152 Tongoane v Minister of Agriculture Land Affairs Ngcobo CJ held that the inescapable conclusion is that various provisions of CLARA affect, in substantial measure, indigenous law and traditional leadership – areas of concurrent national and provincial competence. The Court concluded that Parliament followed an incorrect procedure in enacting CLARA. In considering the appropriate remedy the Court held that where the Constitution prescribes a legislative procedure, that procedure must ordinarily be followed. Enacting legislation that affects the provinces in accordance with the procedure prescribed in section 76 is a material part of the law-making process relating to legislation that substantially affects the provinces. The failure to comply with the requirements of section 76 renders the resulting legislation invalid. The Court accordingly held CLARA to be unconstitutional and invalid for want of compliance with the procedures set out in section 76 of the Constitution. Article 15: Right to work and the right to just and favourable conditions of work 242. 151 152 Since the submission of the first periodic report, South Africa has continued to bolster its efforts to ensure that its workers are accorded equitable and satisfactory conditions of work. The Constitution153 and a number of statutes provide the benchmark upon which the South African government measures its conditions of work and remuneration policy. Act No. 11 of 2004 2010 (8) BCLR 741 (CC) 153 S 22 “Every citizen has the right to choose their trade, occupation and profession freely. The practice of a trade, occupation or profession may be regulated by law.” And s 23(1) “Everyone has the right to fair labour practices.” 70