On 10 May 2010, the Constitutional Court of South Africa declared that the Communal Land Rights Act (CLRA), which had been passed in 2004, was unconstitutional and could no longer be implemented in its current form. The court found that inadequate consultation had taken place with communities and provincial structures prior to the adoption of the Act, and that the Act did not fully address tenure insecurity among rural residents, specifically single women. It was also found that the way the notion of ‘community’ was used in the Act was problematic because it potentially reproduced apartheid-style tribal authorities as ‘new communities’, placing too much control of land in the hands of existing traditional leaders. In fact, part of the case against the state was based on the assertion that CLRA, together with the Traditional Leadership Governance Framework Act of 2003 and a proposed new law that expands the role of traditional courts in law enforcement, would effectively create a fourth tribal tier in the judicial system that was at odds with the democratic constitution of the country. In ruling on the CLRA matter Justice Ngcobo disagreed with this assertion, but felt that the Act made it too easy for the old tribal authorities of the Bantustan era to reconstitute themselves through the legislation. In response, the incumbent minister of land affairs, Gugile Nkwinti, said that his department would not contest the judgment and would revisit the law (SABC News, 10 May 2010).