Restitution of Land Rights Act, 1994

Act 22 of 1994

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Act 22 of 1994
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South Africa

Restitution of Land Rights Act, 1994

Act 22 of 1994

  1. [Amended by Land Restitution and Reform Laws Amendment Act, 1997 (Act 63 of 1997) on 2 December 1994]
  2. [Amended by Land Restitution and Reform Laws Amendment Act, 1999 (Act 18 of 1999) on 2 December 1994]
  3. [Amended by Restitution of Land Rights Amendment Act, 1995 (Act 84 of 1995) on 6 October 1995]
  4. [Amended by Land Restitution and Reform Laws Amendment Act, 1996 (Act 78 of 1996) on 20 November 1996]
  5. [Amended by Land Restitution and Reform Laws Amendment Act, 1997 (Act 63 of 1997) on 21 November 1997]
  6. [Amended by Land Affairs General Amendment Act, 1998 (Act 61 of 1998) on 28 September 1998]
  7. [Amended by Land Restitution and Reform Laws Amendment Act, 1999 (Act 18 of 1999) on 23 April 1999]
  8. [Amended by Land Affairs General Amendment Act, 2000 (Act 11 of 2000) on 24 March 2000]
  9. [Amended by Restitution of Land Rights Amendment Act, 2003 (Act 48 of 2003) on 4 February 2004]
  10. [Amended by Public Service Amendment Act, 2007 (Act 30 of 2007) on 1 April 2008]
  11. [Amended by Rural Development and Land Reform General Amendment Act, 2011 (Act 4 of 2011) on 16 May 2011]
  12. [Amended by Restitution of Land Rights Amendment Act, 2014 (Act 15 of 2014) on 1 July 2014]
  13. [Amended by Land Court Act, 2023 (Act 6 of 2023) on 5 April 2024]
(Afrikaans text signed by the President.)ACTTo provide for the restitution of rights in land to persons or communities dispossessed of such rights after 19 June 1913 as a result of past racially discriminatory laws or practices; to establish a Commission on Restitution of Land Rights and a Land Claims Court; and to provide for matters connected therewith.[longtitle substituted by section 31 of Act 63 of 1997]
WHEREAS the Constitution of the Republic of South Africa, 1996 (Act No. 108 of 1996), provides for restitution of property or equitable redress to a person or community dispossessed of property after 19 June 1913 as a result of past racially discriminatory laws or practices;AND WHEREAS legislative measures designed to protect or advance persons, or categories of persons, disadvantaged by unfair discrimination may be taken to promote the achievement of equality;[preamble substituted by section 1 of Act 63 of 1997]NOW THEREFORE BE IT ENACTED by the Parliament of the Republic of South Africa, as follows:—

Chapter I
Introductory provisions

1. Definitions

In this Act, unless the context indicates otherwise—"claim" means—(a)any claim for restitution of a right in land lodged with the Commission in terms of this Act; or(b)any application lodged with the registrar of the Court in terms of Chapter IIIA for the purpose of claiming restitution of a right in land;[definition of "claim" substituted by section 2(a) of Act 63 of 1997]"claimant" means any person who has lodged a claim;[definition of "claimant" substituted by section 2(b) of Act 63 of 1997]"Commission" means the Commission on Restitution of Land Rights established by section 4;"community" means any group of persons whose rights in land are derived from shared rules determining access to land held in common by such group, and includes part of any such group;"Court" means the Land Court established by section 3 of the Land Court Act, 2023;[definition of "Court" substituted by section 36 of Act 6 of 2023]"day", in the computation of any period of time expressed in days, means any day which is not a Saturday, Sunday or public holiday and which does not fall within the period 24 December to 2 January;[definition of "day" inserted by section 1(a) of Act 78 of 1996]"direct descendant" of a person includes the spouse or partner in a customary union of such person whether or not such customary union has been registered;"equitable redress" means any equitable redress, other than the restoration of a right in land, arising from the dispossession of a right in land after 19 June 1913 as a result of past racially discriminatory laws or practices, including—(a)the granting of an appropriate right in alternative state-owned land;(b)the payment of compensation;[definition of "equitable redress" inserted by section 2(c) of Act 63 of 1997]"High Court" [definition of "High Court" inserted by section 2(c) of Act 63 of 1997 and deleted by section 36 of Act 6 of 2023]"Minister" means the Minister of Rural Development and Land Reform or an officer in his or her Department designated by him or her;[definition of "Minister" substituted by section 20 of Act 4 of 2011]"organisation" means any association of persons, incorporated or unincorporated, registered in terms of a law or unregistered and also any branch, section or committee of such association or any local, regional or subsidiary body which forms part of such association;[definition of "organisation" inserted by section 1(b) of Act 78 of 1996]"organ of state" means an organ of state as defined in section 239 of the Constitution;[definition of "organ of state" inserted by section 2(d) of Act 63 of 1997]"person" includes a community or part thereof;"prescribed" means prescribed by or under this Act;"presiding judge" [definition of "presiding judge" inserted by section 1(c) of Act 78 of 1996 and deleted by section 36 of Act 6 of 2023]"public land" means all land owned by any organ of state, and includes land owned by the Land Bank and any institution in which the State is the majority or controlling shareholder;[definition of "public land" substituted by section 2(e) of Act 63 of 1997]"racially discriminatory laws" include laws made by any sphere of government and subordinate legislation;[definition of "racially discriminatory laws" inserted by section 2(f) of Act 63 of 1997]"racially discriminatory practices" means racially discriminatory practices, acts or omissions, direct or indirect, by—(a)any department of state or administration in the national, provincial or local sphere of government;(b)any other functionary or institution which exercised a public power or performed a public function in terms of any legislation;[definition of "racially discriminatory practices" inserted by section 2(f) of Act 63 of 1997]"restitution of a right in land" means—(a)the restoration of a right in land; or(b)equitable redress;[definition of "restitution of a right in land" inserted by section 2(f) of Act 63 of 1997]"restoration of a right in land" means the return of a right in land or a portion of land dispossessed after 19 June 1913 as a result of past racially discriminatory laws or practices;[definition of "restoration of a right in land" inserted by section 2(f) of Act 63 of 1997 and substituted by section 1 of Act 18 of 1999]"right in land" means any right in land whether registered or unregistered, and may include the interest of a labour tenant and sharecropper, a customary law interest, the interest of a beneficiary under a trust arrangement and beneficial occupation for a continuous period of not less than 10 years prior to the dispossession in question;"the Constitution" means the constitution of the Republic of South Africa, 1996 (Act No. 108 of 1996);[definition of "the Constitution" inserted by section 2(g) of Act 63 of 1997]"Supreme Court" [definition of "Supreme Court" deleted by section 2(h) of Act 63 of 1997]"the rules" means the rules made under section 16 of this Act;[definition of "the rules" substituted by section 36 of Act 6 of 2023]"this Act" includes the rules and the regulations made under section 40.

2. Entitlement to restitution

(1)A person shall be entitled to enforce restitution of a right in land if—
(a)he or she is a person or community contemplated in section 121(2) of the Constitution or a direct descendant of such a person;
(b)the claim is not precluded by section 121 (4) of the Constitution; and
(c)the claim for such restitution is lodged within three years after a date fixed by the Minister by notice in the Gazette.
(d)it is a community or part of a community dispossessed of a right in land after 19 June 1913 as a result of past racially discriminatory laws or practices; and:
(e)the claim for such restitution is lodged not later than 30 June 2019.[paragraph (e) substituted by section 1 of Act 15 of 2014]
(1A)No person shall be entitled to enforce restitution of a right in land if just and equitable compensation as contemplated in section 123(4) of the Constitution, calculated at the time of any dispossession of such right, was paid in respect of such dispossession.
(2)No person shall be entitled to restitution of a right in land if—
(a)just and equitable compensation as contemplated in section 25(3) of the Constitution; or
(b)any other consideration which is just and equitable, calculated at the time of any dispossession of such right, was received in respect of such dispossession.
(3)If a natural person dies after lodging a claim but before the claim is finalised and—
(a)leaves a will by which the right or equitable redress claimed has been disposed of, the executor of the deceased estate, in his or her capacity as the representative of the estate, alone or, failing the executor, the heirs of the deceased alone; or
(b)does not leave a will contemplated in paragraph (a), the direct descendants alone,
may be substituted as claimant or claimants.
(4)If there is more than one direct descendant who have lodged claims for and are entitled to restitution, the right or equitable redress in question shall be divided not according to the number of individuals but by lines of succession.[section 2 amended by section 2(1) of Act 78 of 1996, and substituted by section 3(1) of Act 63 of 1997 and by section 2 of Act 18 of 1999]

3. Claims against nominees

Subject to the provisions of this Act a person shall be entitled to claim title in land if such claimant or his, her or its antecedent—
(a)was prevented from obtaining or retaining title to the claimed land because of a law which would have been inconsistent with the prohibition of racial discrimination contained in section 9(3) of the Constitution had that subsection been in operation at the relevant time; and[paragraph (a) substituted by section 4 of Act 63 of 1997]
(b)proves that the registered owner of the land holds title as a result of a transaction between such registered owner or his, her or its antecedents and the claimant or his, her or its antecedents, in terms of which such registered owner or his, her or its antecedents held the land on behalf of the claimant or his, her or its antecedents.

Chapter II
Commission on Restitution of Land Rights

4. Establishment of Commission on Restitution of Land Rights

(1)There is hereby established a commission to be known as the Commission on Restitution of Land Rights.
(2)The Commission shall have a head office and such other offices, with such areas of jurisdiction, as the Minister may determine.
(3)The Commission shall consist of a Chief Land Claims Commissioner appointed by the Minister, after inviting nominations from the general public, a Deputy Land Claims Commissioner similarly appointed and as many regional land claims commissioners as may be appointed by the Minister.
(4)The Chief Land Claims Commissioner, the Deputy Land Claims Commissioner and a regional land claims commissioner, shall—
(a)be fit and proper persons to hold such offices;
(b)be South African citizens; and
(c)have skills and knowledge relevant to the work of the Commission or such legal knowledge or qualifications as the Minister may deem necessary.
(5)The Minister may terminate any appointment made under subsection (3)—
(a)if he or she is satisfied that such appointed person no longer complies with the requirements of subsection (4); or
(b)if the appointed person requests the Minister in writing to terminate the appointment.

5. Meetings of Commission

(1)The Commission shall meet at least three times each year.
(2)Meetings of the Commission shall be held at the time and place determined by the Chief Land Claims Commissioner.
(3)The majority of the members of the Commission shall form a quorum for a meeting of the Commission.
(4)The decision of the majority of the members of the Commission present at any meeting thereof shall be a decision of the Commission: Provided that, in the event of an equality of votes, the Chief Land Claims Commissioner shall have a casting vote in addition to his or her deliberative vote.

6. General functions of Commission

(1)The Commission shall, at a meeting or through the Chief Land Claims Commissioner, a regional land claims commissioner or a person designated by any such commissioner—
(a)subject to the provisions of section 2, receive and acknowledge receipt of all claims for the restitution of rights in land lodged with or transferred to it in terms of this Act;
(b)take reasonable steps to ensure that claimants are assisted in the preparation and submission of claims;
(c)advise claimants of the progress of their claims at regular intervals and upon reasonable request;
(cA)investigate the merits of claims contemplated in paragraph (a);
(cB)mediate and settle disputes arising from such claims;
(d)subject to the provisions of section 14, report to the Court on the terms of settlement in respect of successfully mediated claims;
(e)define any issues which may still be in dispute between the claimants and other interested parties with a view to expediting the hearing of claims by the Court;
(eA)draw up reports on unsettled claims for submission as evidence to the Court and present any other relevant evidence to the Court;
(f)at regular intervals, take appropriate steps to make public information regarding the persons entitled to claim restitution of rights in land, the limitations imposed by section 2, and the manner in which claims may be lodged with the Commission; and[paragraph (f) amended by section 2(a) of Act 15 of 2014]
(g)ensure that priority is given to claims lodged not later than 31 December 1998 and which were not finalised at the date of the commencement of the Restitution of Land Rights Amendment Act, 2014.[paragraph (g) added by section 2(b) of Act 15 of 2014]
[subsection (1) substituted by section 5(a) of Act 63 of 1997]
(1A)
(a)The Commission shall establish and keep a Register which shall be known as the National Land Restitution Register.
(b)The Commission shall enter into the Register the details of all land restitution claims from the date of the commencement of the Restitution of Land Rights Amendment Act, 2014.
(c)The Commission shall keep the Register up to date and the Register shall be open to the public subject to the Promotion of Access to Information Act, 2000 (Act No 2 of 2000).
[subsection (1A) inserted by section 2(c) of Act 15 of 2014]
(2)The Commission may, at a meeting or through the Chief Land Claims Commissioner, a regional land claims commissioner or a person designated by any such commissioner—
(a)monitor and make recommendations concerning the implementation of - orders made by the Court under section 35;
(b)make recommendations or give advice to the Minister regarding the most appropriate form of alternative relief, if any, for those claimants who do not qualify for the restitution of rights in land in terms of this Act;
(c)on notice to interested parties, apply to the Court for a declaratory order on a question of law as contemplated in section 22(1)(cA);[paragraph (c) substituted by section 3(a) of Act 78 of 1996]
(d)ensure that priority is given to claims which affect a substantial number of persons, or persons who have suffered substantial losses as a result of dispossession or persons with particularly pressing needs;
(e)generally, do anything necessarily connected with or reasonably incidental to the expeditious finalisation of claims.
(3)Where the regional land claims commissioner having jurisdiction or an interested party has reason to believe that the sale, exchange, donation, lease, subdivision, rezoning or development of land which may be the subject of any order of the Court, or in respect of which a person or community is entitled to claim restitution of a right in land, will defeat the achievement of the objects of this Act, he or she may—
(a)after a claim has been lodged in respect of such land; and
(b)after the owner of the land has been notified of such claim and referred to the provisions of this subsection;
on reasonable notice to interested parties, apply to the Court for an interdict prohibiting the sale, exchange, donation, lease, subdivision, rezoning or development of the land, and the Court may, subject to such terms and conditions and for such period as it may determine, grant such an interdict or make any other order it deems fit.[subsection (3) added by section 3(b) of Act 78 of 1996 and substituted by section 5(b) of Act 63 of 1997]

7. Delegation of powers and performance of functions

(1)The Commission may delegate any power conferred upon it by or under this Act to a subcommittee of the Commission or to a member of the Commission or to a person contemplated in section 8 or 9 subject to such directions or conditions as the Commission may give or determine from time to time: Provided that the powers referred to in section 6(2)(b), (c) and (d) may not be delegated.
(2)The Chief Land Claims Commissioner may delegate any power conferred upon him or her by or under this Act except the power of delegation to the Deputy Land Claims Commissioner or any regional land claims commissioner, either generally or with regard to a specific claim.
(2A)The Director-General of Rural Development and Land Reform may delegate any power conferred upon him or her by or under this Act, except the power of delegation, to any member of the Commission, any officer of the State or any person contemplated in section 9.[subsection (2A) inserted by section 3(a) of Act 18 of 1999 and substituted by section 21 of Act 4 of 2011]
(2B)A regional land claims commissioner may in consultation with the Chief Land Claims Commissioner and the Director-General of Rural Development and Land Reform delegate any power conferred upon him or her by or under this Act, except the power of delegation, to any other member of the Commission, any officer of the State or any person contemplated in section 9.[subsection (2B) inserted by section 3(a) of Act 18 of 1999 and substituted by section 21 of Act 4 of 2011]
(3)If the office of the Chief Land Claims Commissioner is vacant or if the Chief Land Claims Commissioner is absent or unable to perform any or all of his or her functions, the Deputy Land Claims Commissioner shall act in his or her stead and whilst the Deputy Land Claims Commissioner so acts, he or she shall perform all the functions of the Chief Land Claims Commissioner.[subsection (3) substituted by section 3(b) of Act 18 of 1999]
(3A)If the office of a regional land claims commissioner is vacant or if a regional land claims commissioner is absent or unable to perform any or all of his or her functions, an acting regional land claims commissioner appointed by the Minister shall act in his or her stead and whilst the acting regional land claims commissioner so acts, he or she shall perform all the functions of the regional land claims commissioner.[subsection (3A) inserted by section 3(c) of Act 18 of 1999]
(4)A regional land claims commissioner may, instead of performing any function in any particular case, refer the matter to the Commission for the Commission to perform such function at a meeting contemplated in section 5.

8. Performance of work of Commission

(1)The work incidental to the performance of the functions of the Commission shall be performed by officers appointed and seconded to the Commission in terms of the provisions of the Public Service Act, 1994 (Proclamation No. 103 of 1994), and designated in general or for a specific purpose by the Minister after consultation with the Commission.
(2)In making a designation in terms of subsection (1), the Minister and the Commission shall seek to ensure that the staff of the Commission shall be broadly representative of the South African population.
(3)Designated officers shall perform their functions under the control and supervision of the Chief Land Claims Commissioner or regional land claims commissioner, as the case may be.
[section 8 substituted by section 2 of Act 61 of 1998]

9. Appointment of persons or organisations to assist Commission on ad hoc basis

(1)The Chief Land Claims Commissioner may from time to time—
(a)appoint one or more persons or organisations with particular knowledge or specific expertise relevant to the achievement of the Commission’s objects to advise the Commission regarding any matter connected with the performance of its functions;
(b)appoint one or more persons or organisations with specific expertise in relation to dispute resolution to facilitate meetings of interested parties, mediate and settle disputes, and report to the Commission in writing on the outcome of such negotiations;
(c)request any government department, provincial administration, local authority or person in the service of the State, a provincial administration or local authority who has particular knowledge or specific expertise to advise the Commission regarding any matter connected with the performance of its functions.
(2)Payment for the services rendered by a person appointed in terms of subsection (1) who is not in the full-time service of the State or an organisation appointed in terms of subsection (1) in which the State has no material financial interest shall be made from moneys appropriated by Parliament for this purpose and shall be determined by the Minister in consultation with the Minister of Finance.
[section 9 substituted by section 4 of Act 78 of 1996]

10. Lodgement of claims and representation of community

(1)Any person who or the representative of any community which is entitled to claim restitution of a right in land, may lodge such claim which shall include a description of the land in question, the nature of the right in land of which he, she or such community was dispossessed and the nature of the right or equitable redress being claimed, on the form prescribed for this purpose by the Chief Land Claims Commissioner under section 16.
(2)The Commission shall make claim forms available at all its offices.
(3)If a claim is lodged on behalf of a community the basis on which it is contended that the person submitting the form represents such community, shall be declared in full and any appropriate resolution or document supporting such contention shall accompany the form at the time of lodgement: Provided that the regional land claims commissioner having jurisdiction in respect of the land in question may permit such resolution or document to be lodged at a later stage.
(4)If there is any dispute as to who legitimately represents a community for the purposes of any claim under this Act, the regional land claims commissioner having jurisdiction may in the manner prescribed in rules made by the Chief Land Claims Commissioner in terms of section 16, in order to have a person or persons elected to represent the community—
(a)take steps for drawing up a list of the names of the members of the community;
(b)direct that a meeting of such community be convened and an election be held at that meeting;
(c)take such other steps as may be reasonably necessary for the election.
(5)In any election in terms of subsection (4) all members of the community of 18 years or older shall be entitled to vote.
(6)In making the rules contemplated in subsection (4), the Chief Land Claims Commissioner shall have regard to the cultural values of the community.
[section 10 substituted by section 6 of Act 63 of 1997]

11. Procedure after lodgement of claim

(1)If the regional land claims commissioner having jurisdiction is satisfied that—
(a)the claim has been lodged in the prescribed manner;
(b)the claim is not precluded by the provisions of section 2(1) or (1A);[paragraph (b) substituted by section 5(a) of Act 78 of 1996]
(c)the claim is not frivolous or vexatious,
he or she shall cause notice of the claim to be published in the Gazette and in the media circulating nationally and in the relevant province, and shall take steps to make it known in the district in which the land in question is situated.[subsection (1) substituted by section 4(a) of Act 18 of 1999 and amended by section 3 of Act 15 of 2014]
(2)The regional land claims commissioner concerned may, on such conditions as he or she may determine, condone the fact that a claim has not been lodged in the prescribed manner.
(3)A frivolous or vexatious claim may be dismissed by the regional land claims commissioner concerned.
(4)If the regional land claims commissioner decides that the criteria set out in paragraphs (a), (b) and (c) of subsection (1) have not been met, he or she shall advise the claimant accordingly, and of the reasons for such decision.[subsection (4) substituted by section 4(b) of Act 18 of 1999]
(5)
(a)If after an order has been made by the Court as contemplated in section 26(3) of the Land Court Act, 2023, or an agreement has been entered into as contemplated in section 14(3) or 42D, it is shown that another claim was lodged in terms of this Act in respect of the land to which the order or agreement relates, any interested party may apply to the Court for the rescission or variation of such order or the setting aside or variation of such agreement.[paragraph (a) substituted by section 36 of Act 6 of 2023]
(b)The Court may grant such an application, subject to such terms and conditions as it may determine, or make any other order it deems fit.
[subsection (5) substituted by section 5(b) of Act 78 of 1996, by section 7(a) of Act 63 of 1997 and by section 4(c) of Act 18 of 1999]
(5A)Where an appeal is pending in respect of an order of the Court contemplated in section 26(3) of the Land Court Act, 2023, an application for the rescission or variation of such order under subsection (5) shall be made to the Constitutional Court or the Supreme Court of Appeal, as the case may be.[subsection (5A) inserted by section 4(d) of Act 18 of 1999 and substituted by section 36 of Act 6 of 2023]
(6)Immediately after publishing the notice referred to in subsection (1), the regional land claims commissioner shall by notice in writing—
(a)advise the owner of the land in question and any other party which, in his or her opinion, might have an interest in the claim of the publication of the notice; and
(b)refer the owner and such other party to the provisions of subsection (7).
[subsection (6) substituted by section 5(c) of Act 78 of 1996]
(7)Once a notice has been published in respect of any land—
(a)no person may in an improper manner obstruct the passage of the claim;
(aA)no person may sell, exchange, donate, lease, subdivide, rezone or develop the land in question without having given the regional land claims commissioner one month’s written notice of his or her intention to do so, and, where such notice was not given in respect of—
(i)any sale, exchange, donation, lease, subdivision or rezoning of land and the Court is satisfied that such sale, exchange, donation, lease, subdivision or rezoning was not done in good faith, the Court may set aside such sale, exchange, donation, lease, subdivision or rezoning or grant any other order it deems fit;
(ii)any development of land and the Court is satisfied that such development was not done in good faith, the court may grant any order it deems fit;
(b)no claimant who occupied the land in question at the date of commencement of this Act may be evicted from the said land without the written authority of the Chief Land Claims Commissioner;
(c)no person shall in any manner whatsoever remove or cause to be removed, destroy or cause to be destroyed or damage or cause to be damaged, any improvements upon the land without the written authority of the Chief Land Claims Commissioner;
(d)no claimant or other person may enter upon and occupy the land without the permission of the owner or lawful occupier.
[subsection (7) substituted by section 5(d) of Act 78 of 1996 and by section 7(b) of Act 63 of 1997]
(8)The regional land claims commissioner may, at any time after the publication of a notice contemplated in subsection (1), if he or she has reason to believe that any improvement on the land is likely to be removed, damaged or destroyed or that any person resident on such land may be adversely affected as a result of the publication of such notice, authorise any person contemplated in section 8 or 9 to enter upon such land for the purpose of drawing up an inventory of any assets on the land, a list of persons employed or resident on the land, or a report on the agricultural condition of the land and of any excavations, mining or prospecting thereon.

11A. Withdrawal or amendment of notice of claim

(1)Any person affected by the publication of the notice of a claim in terms of section 11(1) may make representations to the regional land claims commissioner having jurisdiction for the withdrawal or amendment of that notice.
(2)Where during the investigation of a claim by the Commission the regional land claims commissioner having jurisdiction has reason to believe that any of the criteria set out in paragraphs (a), (b) and (c) of section 11(1) have not been met, he or she shall publish in the Gazette and send by registered post to—
(a)the claimant;
(b)the owner; and
(c)where applicable, a person who has made representations in terms of subsection (1) and any other party, who to his or her knowledge, may have an interest in the claim, a notice stating that at the expiry of the period mentioned in the notice, the notice of the claim published in terms of that section will be withdrawn unless cause to the contrary has been shown to his or her satisfaction.
[subsection (2) amended by section 5 of Act 18 of 1999]
(3)At the expiry of the period contemplated in subsection (2), the regional land claims commissioner shall, unless cause to the contrary has been shown to his or her satisfaction, withdraw the notice of claim and—
(a)advise the persons mentioned in that subsection by notice sent by registered post;
(b)cause notice of his or her decision to be published in the Gazettes and
(c)take other steps to make his or her decision known in the district in which the land in question is situated.
(4)The regional land claims commissioner having jurisdiction may, during the investigation of a claim by the Commission and after following the procedure set out in subsection (2), unless cause to the contrary has been shown to his or her satisfaction, amend the notice published in terms of section 11(1), whereafter the provisions of paragraphs (a), (b) and (c) of subsection (3) shall apply mutatis mutandis: Provided that the regional land claims commissioner may, without following the procedure set out in subsection (2), amend the notice to correct any obvious error in it, and cause notice of his or her decision to be published in the Gazette
[section 11A inserted by section 6 of Act 78 of 1996]

12. Commission’s power of investigation

(1)The Commission may, through a member of the Commission or any person authorised thereto in writing, in order to carry out its functions—
(a)conduct an investigation;
(b)demand from any person including any government department such particulars, documents and information as may be necessary in connection with any investigation;
(c)by notice in writing, addressed and delivered by a member of the staff of the Commission or a sheriff to any person, direct such person, in relation to an investigation, to appear before a member of the Commission at a time and place mentioned in such notice and to produce to such member all documents or objects in the possession or custody or under the control of such person and which are relevant to that investigation.
(2)Any person directed to produce documents or objects in terms of subsection (1)(c) shall not be compelled to produce any document or object which could be used in evidence against him or her in a criminal trial.
(3)If a claimant is not able to provide all the information necessary for the adequate submission or investigation of a claim, the regional land claims commissioner concerned shall direct an officer contemplated in section 8 to take all reasonable steps to have this information made available.
(4)If at any stage during the course of an investigation by the Commission, the Chief Land Claims Commissioner is of the opinion that the resources of the Commission or the Court would be more effectively utilised if all claims for restitution in respect of the land, or area or township in question, were to be investigated at the same time, he or she shall cause to be published in the Gazette and in such other manner as he or she deems appropriate, a notice advising potential claimants of his or her decision and inviting them, subject to the provisions of section 2, to lodge claims within a period specified in such notice.[subsection (4) substituted by section 8 of Act 63 of 1997]
(5)No claim in respect of a matter contemplated in subsection (4) shall be lodged after the expiry of the period specified in the said notice: Provided that the Commission may allow a claimant on good cause shown, to lodge a claim after the expiry of such period, but not later than 30 June 2019.[subsection (5) substituted by section 8 of Act 63 of 1997 and by section 4 of Act 15 of 2014]

13. Mediation

(1)If at any stage during the course of the Commission’s investigation it becomes evident that—
(a)there are two or more competing claims in respect of the same land;[paragraph (a) substituted by section 9 of Act 63 of 1997]
(b)in the case of a community claim, there are competing groups within the claimant community making resolution of the claim difficult;
(c)where the land which is subject to the claim is not state-owned land, the owner or holder of rights in such land is opposed to the claim; or
(d)there is any other issue which might usefully be resolved through mediation and negotiation,
the Chief Land Claims Commissioner may direct the parties concerned to attempt to settle their dispute through a process of mediation and negotiation.
(2)
(a)A direction contemplated in subsection (1) shall be made in a written notice specifying the time when and the place where such process is to start.
(b)The Chief Land Claims Commissioner shall appoint a mediator to chair the first meeting between the parties: Provided that the parties may at any time during the course of mediation or negotiation by agreement appoint another person to mediate the dispute.
(3)A person appointed by the Chief Land Claims Commissioner in terms of subsection (2)(b) shall either be an officer contemplated in section 8 who is a fit and proper person to conduct such a process of mediation and negotiation or an independent mediator contemplated in section 9(1)(b).
(4)All discussions taking place and all disclosures and submissions made during the mediation process shall be privileged, unless the parties agree to the contrary.

14. Referral of claims to Court

(1)If upon completion of an investigation by the Commission in respect of specific claim—
(a)the parties to any dispute arising from the claim agree in writing that it is not possible to settle the claim by mediation and negotiation;
(b)the regional land claims commissioner certifies that it is not feasible to resolve any dispute arising from such claim by mediation and negotiation; or
(c)[paragraph (c) omitted by section 6(a) of Act 18 of 1999]
(d)the regional land claims commissioner is of the opinion that the claim is ready for hearing by the Court,
the regional land claims commissioner having jurisdiction shall certify accordingly and refer the matter to the Court.[subsection (1) substituted by section 6(a) of Act 18 of 1999]
(2)Any claim referred to the Court as a result of a situation contemplated in subsection (1)(a), (b) or (d) shall be accompanied by a document—
(a)setting out the results of the Commission’s investigation into the merits of the claim;
(b)reporting on the failure of any party to accede to mediation;
(c)containing a list of the parties who have an interest in the claim;[paragraph (c) substituted by section 7(a) of Act 78 of 1996]
(d)setting out the Commission’s recommendation as to the most appropriate manner in which the claim can be resolved.
(3)If in the course of an investigation by the Commission the interested parties enter into a written agreement as to how the claim should be finalised and the regional land claims commissioner having jurisdiction certifies in writing that he or she is satisfied with the agreement and that the agreement ought not to be referred to the Court, the agreement shall be effective only from the date of such certification or such later date as may be provided for in the agreement.[subsection (3) substituted by section 6(b) of Act 18 of 1999]
(3A)If the regional land claims commissioner having jurisdiction is of the opinion that—
(i)a question of law arising out of the agreement needs to be resolved;
(ii)there is doubt as to whether or not all parties who have an interest in the claim are parties to the agreement;
(iii)there is doubt as to the validity of the agreement or any part of it;
(iv)there is doubt as to the feasibility of the implementation of the agreement;
(v)the agreement does not comply with section 42D(2);
(vi)the agreement is not just and equitable in respect of any party;
(vii)the agreement is contrary to any provision of the Act;
(viii)the authority of any signatory is in doubt;
(ix)the agreement is vague or contradictory;
(x)the parties to the agreement agree that it is desirable that the agreement be made an order of Court;
(xi)the agreement ought to be referred to the Court for any other good reason,
he or she may refer the matter to the Court.[subsection (3A) inserted by section 6(c) of Act 18 of 1999]
(4)A referral under subsection (3A) shall be accompanied by a copy of the relevant deed of settlement and a report containing—
(a)concise information about the background to the claim and the settlement;
(b)information necessary for the Court to establish whether or not it has jurisdiction;
(c)the reasons for the referral of the matter to the Court; and
(d)the regional land claims commissioner's recommendations, if any, as to how the matter should be dealt with.
[subsection (4) substituted by section 6(d) of Act 18 of 1999]
(5)Any interested party shall be entitled, upon payment of the prescribed fee, to copies of the documents contemplated in this section, including the submissions of other interested parties in relation to any matter contemplated in this section.
(5A)[subsection (5A) inserted by section 7(b) of Act 78 of 1996 and deleted by section 10(1)(a) of Act 63 of 1997]
(6)Subject to the provisions of Chapter IIIA, the Court shall not make any order in terms of section 35 unless the Commission has, in respect of the claim in question, acted in accordance with the provisions of this section:Provided that the Court may, on good cause shown, condone any noncompliance with the provisions of this section.[subsection (6) substituted by section 10(1)(b) of Act 63 of 1997 and amended by section 6(e) of Act 18 of 1999]
(7)[subsection (7) deleted by section 7(c) of Act 78 of 1996]

15. ***

[section 15 repealed by section 11(1) of Act 63 of 1997][section 8 of Act 78 of 1996 instructs to amend section 15, with effect from 11 November 1996; section 15 was however repealed by section 11(1) of Act 63 of 1997, with effect from 2 December 1994]

16. Rules regarding procedure of Commission

(1)After consultation with the Minister, the Chief Land Claims Commissioner may make rules regarding—
(a)any matter which, in terms of this Chapter, is required or permitted to be prescribed;
(b)the filing of claims;
(c)any steps which may be taken to give public notice of claims and notice to persons who have an interest in any matter under investigation by the Commission;
(d)the giving of notice to parties to attend a meeting for the purpose of mediating or negotiating the settlement of disputes;
(e)the giving of notice to parties and public notices giving notice that the Commission will consider any related claims in respect of specific land, a neighbourhood or township within a stipulated period;
(f)the order of preference to be given to claims or categories of claims in order to achieve the result contemplated in section 6(2)(d); and
(g)generally, with regard to any other matter which he or she considers it necessary or expedient to prescribe in order to achieve or promote the objects of this Act.
(2)The generality of subsection (1) shall not be limited by the preceding sections of this Chapter.
(3)Rules made under the provisions of subsection (1) shall be published in the Gazette.

17. Offences and penalties

(1)Any person who—
(a)contravenes the provisions of section 11(7)(a), (aA), (b), (c), or (d);
(b)having been directed to appear before a member of the Commission and to produce documents or objects in terms of section 12(1)(c), fails to appear at the specified time and place or to produce such documents or objects;
(c)hinders or obstructs the Commission in the performance of its functions;
(d)prevents or attempts to prevent a duly authorised officer contemplated in section 8, or a person or organisation appointed in terms of section 9, from performing a function in terms of this Act;
(e)prevents, obstructs or unduly influences a claimant or any other person from pursuing his or her rights provided for in this Act,
shall be guilty of an offence and liable on conviction to imprisonment for a period not exceeding six months or to an appropriate fine determined in terms of the Adjustment of Fines Act, 1991 (Act No. 101 of 1991).
(2)Any person who lodges a claim with the intention of defrauding the state shall be guilty of an offence and liable on conviction to a fine or imprisonment or both, determined in respect of the offence of fraud.
[section 17 amended by section 12(a) and 12(b) of Act 63 of 1997 and substituted by section 5 of Act 15 of 2014]

18. Limitation of liability

The Commission, members of the Commission, any person or organisation appointed under section 9 or any officer contemplated in section 8, shall not be liable in respect of any act or omission in good faith while performing a function in terms of any provision of this Act.[section 18 substituted by section 9 of Act 78 of 1996]

19. Expenditure of Commission

(1)All expenditure in connection with the performance of the Commission’s functions shall be defrayed from moneys appropriated by Parliament for such purpose.
(2)A person appointed in terms of section 4(3) who is not in the full-time service of the State may, from moneys appropriated by Parliament for such purpose, be paid such remuneration and allowances in respect of services performed in connection with the functions of the Commission, as may be determined by the Minister in consultation with the Minister of Finance.

20. Annual estimates of expenditure

The estimates of expenditure in respect of each financial year shall, after being prepared by the Chief Land Claims Commissioner or an official contemplated in section 8(1) and designated by the Chief Land Claims Commissioner, be submitted, not later than the first day of August of the preceding financial year to the Director-General of Rural Development and Land Reform, who shall be the accounting officer.[section 20 substituted by section 22 of Act 4 of 2011]

21. Annual report

The Commission shall annually not later than the first day of June submit to Parliament a report on all its activities during the previous year, up to 31 March.

Chapter III
***

[chapter III deleted by section 36 of Act 6 of 2023]

22. ***

[section 22 amended by section 1 of Act 84 of 1995, by section 10 of Act 78 of 1996, by section 13 of Act 63 of 1997, by section 7 of Act 18 of 1999, by section 4 of Act 11 of 2000, by section 6 of Act 15 of 2014 and deleted by section 36 of Act 6 of 2023]

22A. ***

[section 22A inserted by section 7 of Act 15 of 2014 and deleted by section 36 of Act 6 of 2023]

23. ***

[section 23 repealed by section 8 of Act 15 of 2014 and deleted by section 36 of Act 6 of 2023]

24. ***

[section 24 repealed by section 15 of Act 63 of 1997 and deleted by section 36 of Act 6 of 2023]

25. ***

[section 25 substituted by section 11 of Act 78 of 1996, amended by by section 16 of Act 63 of 1997 and deleted by section 36 of Act 6 of 2023]

26. ***

[section 26 substituted by section 2 of Act 84 of 1995, repealed by section 9 of Act 15 of 2014 and deleted by section 36 of Act 6 of 2023]

26A. ***

[section 26A inserted by section 5 of Act 11 of 2000 and repealed by section 10 of Act 15 of 2014 and deleted by section 36 of Act 6 of 2023]

27. ***

[section 13 substituted by section 13 of Act 78 of 1996 and deleted by section 36 of Act 6 of 2023]

28. ***

[section 28 amended by section 14 of Act 78 of 1996, by section 18 of Act 63 of 1997, by section 8 of Act 18 of 1999 and deleted by section 36 of Act 6 of 2023]

28A. ***

[section 28A inserted by section 15 of Act 78 of 1996 and deleted by section 36 of Act 6 of 2023]

28B. ***

[section 28B inserted by section 15 of Act 78 of 1996 and deleted by section 36 of Act 6 of 2023]

28C. ***

[section 28C inserted by section 15 of Act 78 of 1996 and deleted by section 36 of Act 6 of 2023]

28D. ***

[section 28D inserted by section 15 of Act 78 of 1996, amended by section 19 of Act 63 of 1997 and deleted by section 36 of Act 6 of 2023]

28E. ***

[section 28E inserted by section 15 of Act 78 of 1996 and deleted by section 36 of Act 6 of 2023]

28F. ***

[section 28F inserted by section 15 of Act 78 of 1996 deleted by section 36 of Act 6 of 2023]

28G. ***

[section 28G inserted by section 15 of Act 78 of 1996 and deleted by section 36 of Act 6 of 2023]

28H. ***

[section 28H inserted by section 15 of Act 78 of 1996 and deleted by section 36 of Act 6 of 2023]

28I. ***

[section 28I inserted by section 15 of Act 78 of 1996, amended by section 20 of Act 63 of 1997 and by section 42 of Act 30 of 2007 and deleted by section 36 of Act 6 of 2023]

28J. ***

[section 28J inserted by section 15 of Act 78 of 1996, amended by section 21 of Act 63 of 1997 and deleted by section 36 of Act 6 of 2023]

28K. ***

[section 28K inserted by section 15 of Act 78 of 1996 and deleted by section 36 of Act 6 of 2023]

28L. ***

[section 28L inserted by section 15 of Act 78 of 1996 and deleted by section 36 of Act 6 of 2023]

28M. ***

[section 28M inserted by section 15 of Act 78 of 1996 and deleted by section 36 of Act 6 of 2023]

28N. ***

[section 28N inserted by section 15 of Act 78 of 1996 and deleted by section 36 of Act 6 of 2023]

28O. ***

[section 28O inserted by section 15 of Act 78 of 1996 and deleted by section 36 of Act 6 of 2023]

29. ***

[section 29 substituted by section 16 of Act 78 of 1996 and deleted by section 36 of Act 6 of 2023]

30. ***

[subsection (4) added by section 17 of Act 78 of 1996 and deleted by section 36 of Act 6 of 2023]

31. ***

[section 31 deleted by section 36 of Act 6 of 2023]

32. ***

[section 32 amended by section 18 of Act 78 of 1996, by section 22 of Act 63 of 1997 and deleted by section 36 of Act 6 of 2023]

33. ***

[section 33 substituted by section 23 of Act 63 of 1997 and deleted by section 36 of Act 6 of 2023]

34. ***

[section 34 amended by section 19 of Act 78 of 1996, by section 24 of Act 63 of 1997 and deleted by section 36 of Act 6 of 2023]

35. ***

[section 35 amended by section 20 of Act 78 of 1996, by section 25 of Act 63 of 1997, by section 9 of Act 18 of 1999, by section 1 of Act 48 of 2003 and deleted by section 35 of Act 6 of 2023]

35A. ***

[section 35A inserted by section 26 of Act 63 of 1997, amended by section 3 of Act 61 of 1998 and deleted by section 36 of Act 6 of 2023]

36. ***

[section 36 substituted by section 21 of Act 78 of 1996 and deleted by section 36 of Act 6 of 2023]

37. ***

[section 37 substituted by section 22 of Act 78 of 1996, amended by section 27 of Act 63 of 1997 and deleted by section 36 of Act 6 of 2023]

38. ***

[section 38 amended by section 28 of Act 63 of 1997 and deleted by section 36 of Act 6 of 2023]

Chapter IIIA
Direct access to Court

[Chapter IIIA inserted by section 29 of Act 63 of 1997]

38A. Definitions

In this Chapter, unless the context indicates otherwise—"Director-General" means the Director-General of Rural Development and Land Reform;[definition of "Director-General" substituted by section 23 of Act 4 of 2011]"registrar" means the registrar of the Court;"the regional land claims commissioner" means the regional land claims commissioner having jurisdiction in respect of the land to which an application in terms of this Chapter relates.[section 38A inserted by section 29 of Act 63 of 1997]

38B. Application to Court for restitution of right in land

(1)Notwithstanding anything to the contrary contained in this Act, any person who or the representative of any community which is entitled to claim restitution of a right in land and has lodged a claim not later than 30 June 2019 may apply to the Court for restitution of such right: Provided that leave of the Court to lodge such application shall first be obtained if—
(a)an order has been made by the Court in terms of section 26(3) of the Land Court Act, 2023, in respect of a right relating to that land; or[paragraph (a) substituted by section 36 of Act 6 of 2023]
(b)a notice has been published in the Gazette in terms of section 12(4) or 38D(1) in respect of that land and the period specified in the said notice has expired.
[subsection (1) amended by section 10 of Act 18 of 1999 and by section 11 of Act 15 of 2014]
(2)An application contemplated in subsection (1) shall be in the form prescribed by the rules.
(3)The regional land claims commissioner may at any stage after the lodgement of an application contemplated in subsection (1) suspend the investigation of any claim lodged in terms of section 10 in respect of the land in question until—
(a)the Court has ordered that the suspension be lifted; or
(b)the application has, in accordance with the rules, been withdrawn,
and the applicant has informed the regional land claims commissioner accordingly.
(4)The Court may at any stage of the proceedings order that all claims lodged in terms of section 10 in respect of the land in question be transferred to the Court, whereupon the regional land claims commissioner shall forward without delay all documents in his or her possession pertaining to such claims to the registrar.
(5)Where all interested parties have reached agreement as to how the claim should be finalised, the Court may make the agreement an order of the Court.
(6)After hearing the application, the Court may—
(a)make any order in terms of section 35;
(b)dismiss the application;
(c)transfer all the claims before the Court in respect of the land in question to the regional land claims commissioner: Provided that the regional land claims commissioner shall not by virtue of such transfer be obliged to give priority to any claim so transferred;
(d)make no order thereon but grant leave for the applicant to renew the application on the same papers supplemented by such further affidavits and documents as the case may require.
[section 38B inserted by section 29 of Act 63 of 1997]

38C. Reports by regional land claims commissioner or Director-General

The regional land claims commissioner or the Director-General may, of his or her own accord, file a report in any application in terms of this Chapter and shall do so if so directed by the Court.[section 38C inserted by section 29 of Act 63 of 1997]

38D. Time limit for applications for leave to intervene under certain circumstances

(1)If at any stage during proceedings under this Chapter the Court is satisfied that it is necessary or appropriate that all claims for restitution in respect of the land in question be considered at the same time, it may direct the applicant to publish in the Gazette and in such other manner as it deems appropriate, a notice advising potential claimants of its decision and inviting them to apply for leave to intervene in the application or action within the period specified in such notice.
(2)After the expiry of the period contemplated in subsection (1)—
(a)no claim in respect of the land in question shall be lodged with the regional land claims commissioner;
(b)no application for leave to intervene in order to enforce restitution of a right in such land shall be lodged with the registrar;
(c)no application to the Court in terms of section 38B shall be lodged with the registrar in respect of the land in question:
Provided that the Court may allow a claimant or applicant, on good cause shown, to lodge such a claim or application after the expiry of such period, but not later than 30 June 2019.[subsection (2) amended by section 12 of Act 15 of 2014]
[section 38D inserted by section 29 of Act 63 of 1997]

38E. Additional powers of Court

The Court may, during proceedings under this Chapter and subject to such terms and conditions as it may determine—
(a)make an order—
(i)prohibiting or setting aside the sale, exchange, donation, lease, subdivision, rezoning or development of land to which an application relates, if it is satisfied that such sale, exchange, donation, lease, subdivision, rezoning or development—
(aa)defeats or will defeat the achievement of the objects of this Act;
(bb)was not or will not be done in good faith;
(ii)prohibiting the eviction of any claimant who was resident on the land in question at the date of commencement of this Act;
(iii)prohibiting the removal, destruction or damaging of improvements upon the land in question;
(iv)prohibiting the entering upon and occupation of the land in question without the permission of the owner or lawful occupier;
(b)direct the Commission or the Director-General to perform any function necessary or expedient for the exercise of its powers in terms of this Chapter;
(c)on good cause shown condone any deviation from or noncompliance with the provisions of this Chapter or the rules;
(d)make recommendations to the Minister regarding the most appropriate form of alternative relief, if any, for those claimants who do not qualify for the restitution of rights in land in terms of the Act; and
(e)make such other order as in the circumstances appears to be just.
[section 38E inserted by section 29 of Act 63 of 1997]

Chapter IV
Miscellaneous provisions

39. Register of public land

In order to facilitate the work of the Commission and the Court, the Minister may take all necessary steps to compile a register of public land, which register shall be open to inspection by claimants and prospective claimants.

40. Regulations

The Minister may make regulations regarding—
(a)any matter required or permitted to be prescribed in terms of this Act; and
(b)generally, all matters which in his or her opinion are necessary or expedient to be prescribed in order to achieve the objects of this Act.

41. Repeal of laws, and savings

(1)Sections 88A up to and including 96A of the Abolition of Racially Based Land Measures Act, 1991 (Act No. 108 of 1991), and the Abolition of Racially Based Land Measures Amendment Act, 1993 (Act No. 110 of 1993), are hereby repealed.
(2)If an application was, before the commencement of this Act, lodged with the Commission on Land Allocation established in terms of section 89 of the Abolition of Racially Based Land Measures Act, 1991 (Act No. 108 of 1991), and that Commission has, before the commencement of this Act—
(a)made a recommendation in respect of such application, such application shall on request of any interested party; or
(b)not made any order or recommendation in respect of such application such application shall,
subject to the provisions of subsection (3), be deemed to have been lodged with the Commission in accordance with the provisions of section 10(1).
(3)The regional land claims commissioner having jurisdiction may—
(a)direct any applicant in respect of an application referred to in subsection (2) to provide the Commission with any further information relevant to the application; and
(b)in respect of an application referred to in subsection (2), waive compliance with any or all of the procedures prescribed by or under this Act.

42. Transfer duty and fees

(1)The Minister may direct that any transfer duty or other fees payable by a claimant in respect of any transfer of land or of a right in land in terms of this Act shall be defrayed in full or in part from money appropriated by Parliament for that purpose.
(2)The Minister may, in consultation with the Minister of Finance, direct that no transfer duty, stamp duty or other fees contemplated in subsection (1) shall be paid in respect of a particular transfer under this Act.

42A. Registration of land in name of claimant

(1)Where, in terms of this Act, land is acquired or expropriated in order to restore or award the land to a claimant, such land vests in the State, which must transfer it to the claimant.[subsection (1) substituted by section 2 of Act 48 of 2003]
(2)No duty, fee or other charge is payable in respect of any registration in terms of subsection (1).
[section 42A inserted by section 30 of Act 63 of 1997]

42B. Certain laws not applicable in respect of land restored or awarded

(1)The laws governing the subdivision of agricultural land shall not apply in respect of any subdivision undertaken in order to restore or award land to any claimant in terms of this Act.
(2)The laws governing the establishment of townships shall not apply to land restored or awarded to any claimant in terms of this Act, as long as that land is predominantly occupied by that claimant.
[section 42B inserted by section 30 of Act 63 of 1997]

42C. Financial aid

(1)The Minister may from money appropriated by Parliament for this purpose and on such conditions as he or she may determine, grant an advance or a subsidy for the development or management of, or to facilitate the settlement of persons on, land which is the subject of an order of the Court in terms of this Act or an agreement in terms of section 14(3) or 42D or which is expropriated in terms of section 42E, to—
(a)any claimant to whom restoration or the award of a right in land has been ordered;
(b)any claimant who has entered into an agreement contemplated in section 14(3) or 42D;
(c)any person resettled on such land.
[subsection (1) substituted by section 4 of Act 61 of 1998, by section 11 of Act 18 of 1999, and by section 3 of Act 48 of 2003]
(2)For the purposes of subsection (1) ‘development of land’ includes the facilitation of the planning of any development of land.
(3)The Minister may, either in general or in a particular case or in cases of a particular nature and on such conditions as he or she may determine, delegate any power conferred by subsection (1)—
(a)to any officer in the Department of Rural Development and Land Reform;[paragraph (a) substituted by section 24 of Act 4 of 2011]
(b)to a Premier of a province;
(c)with the concurrence of the Premier of a province, to another member of the Executive Council of that province;
(d)with the concurrence of a Municipal Council, to any member of that Municipal Council; or
(e)with the concurrence of the relevant Minister, to any officer in any other organ of state.
(4)Any delegation of a power under subsection (3)—
(a)shall be done in writing;
(b)shall not prevent the Minister from exercising that power himself or herself; and
(c)may at any time be withdrawn in writing by the Minister.
(5)The Minister may in writing for the purposes of the development of land contemplated in subsection (1) transfer funds contemplated in that subsection to any organ of state.
[section 42C inserted by section 30 of Act 63 of 1997]

42D. Powers of Minister in case of certain agreements

(1)If the Minister is satisfied that a claimant is entitled to restitution of a right in land in terms of section 2, and that the claim for such restitution was lodged not later than 30 June 2019, he or she may enter into an agreement with the parties who are interested in the claim providing for one or more of the following:
(a)The award to the claimant of land, a portion of land or any other right in land: Provided that the claimant shall not be awarded land, a portion of land or a right in land dispossessed from another claimant or the latter's ascendant, unless—
(i)such other claimant is or has been granted restitution of a right in land or has waived his or her right to restoration of the right in land in question; or
(ii)the Minister is satisfied that satisfactory arrangements have been or will be made to grant such other claimant restitution of a right in land;
(b)the payment of compensation to such claimant;
(c)both an award and payment of compensation to such claimant;
(d)[paragraph (d) deleted by section 4 of Act 48 of 2003]
(e)the manner in which the rights awarded are to be held or the compensation is to be paid or held; or
(f)such other terms and conditions as the Minister considers appropriate.
[subsection (1) amended by section 13(a) of Act 15 of 2014]
(1A)In considering a decision to enter into an agreement contemplated in subsection (1), the Minister shall have regard to the factors set out in section 33.[subsection (1A) inserted by section 13(b) of Act 15 of 2014]
(2)If the claimant contemplated in subsection (1) is a community, the agreement must provide for all the members of the dispossessed community to have access to the land or the compensation in question, on a basis which is fair and non-discriminatory towards any person, including a tenant, and which ensures the accountability of the person who holds the land or compensation on behalf of such community to the members of the community.
(3)The Minister may delegate any power conferred upon him or her by subsection (1) or sections 42C and 42E to the Director-General of Rural Development and Land Reform, or to the Chief Land Claims Commissioner or a regional land claims commissioner.[subsection (3) substituted by section 25 of Act 4 of 2011 and by section 13(c) of Act 15 of 2014]
(4)The Director-General of Rural Development and Land Reform may with the consent of the Minister delegate to any officer of the State or a regional land claims commissioner any power delegated to the Director-General under subsection (3).[subsection (4) substituted by section 25 of Act 4 of 2011]
(5)Any delegation under subsection (3) or (4) may be made either in general or in a particular case or in cases of a particular nature and on such conditions as may be determined by the Minister or the Director-General of Rural Development and Land Reform, as the case may be, and the Minister or the Director-General is not thereby divested of any power so delegated.[subsection (5) substituted by section 25 of Act 4 of 2011]
(6)Expenditure in connection with the exercise of the powers conferred by subsection (1) shall be defrayed from moneys appropriated by Parliament for that purpose.
(7)The provisions of subsections (1) to (6) and section 42C shall apply mutatis mutandis in respect of an agreement entered into before the commencement of the Land Restitution and Reform Laws Amendment Act, 1999, in terms of which a claimant has waived any or all of his or her rights to relief under this Act.
[section 42D inserted by section 30 of Act 63 of 1997 and substituted by section 12 of Act 18 of 1999]

42E. Acquisition of land, portion of land or right in land for land reform purposes

(1)The Minister may purchase, acquire in any other manner or, consistent with the provisions of section 3 of the Promotion of Administrative Justice Act, 2000 (Act No. 3 of 2000), expropriate land, a portion of land or a right in land—
(a)in respect of which a claim in terms of this Act has been lodged, for the purpose of—
(i)restoring or awarding such land, portion of land or right in land to a claimant who is entitled to restitution of a right in land in terms of section 2; or
(ii)providing alternative relief as contemplated in section 6(2)(b); and
(b)in respect of which no such claim has been lodged but the acquisition of which is directly related to or affected by such claim, and which will promote the achievement of the purpose contemplated in paragraph (a).
(2)The Expropriation Act, 1975 (Act No. 63 of 1975), shall, with the necessary changes, apply to an expropriation under this Act, and any reference to the Minister of Public Works in that Act must be construed as a reference to the Minister for the purpose of such expropriation.
(3)Where the Minister expropriates land, a portion of land or a right in land under this Act, the amount of compensation and the time and manner of payment shall be determined either by agreement or by the Court in accordance with section 25(3) of the Constitution.
(4)The rules of the Court made under section 32 shall govern the procedure of the Court in the determination of compensation in terms of subsection (3).
[section 42E inserted by section 5 of Act 48 of 2003]

43. Short title and commencement

(1)This Act shall be called the Restitution of Land Rights Act, 1994, and shall come into operation on a date fixed by the President by proclamation in the Gazette.
(2)Different dates may be fixed in respect of different Chapters of this Act.
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Cited documents 10

Act 10
1. Deeds Registries Act, 1937 2889 citations
2. Magistrates' Courts Act, 1944 2821 citations
3. Promotion of Administrative Justice Act, 2000 2104 citations
4. Promotion of Access to Information Act, 2000 1648 citations
5. Constitution of the Republic of South Africa, 1996 597 citations
6. Expropriation Act, 1975 538 citations
7. Rules Board for Courts of Law Act, 1985 205 citations
8. Extension of Security of Tenure Act, 1997 165 citations
9. Judges Remuneration and Conditions of Employment Act, 2001 77 citations
10. Abolition of Racially Based Land Measures Act, 1991 45 citations

Documents citing this one 1613

Gazette 1461
1. Eastern Cape Provincial Gazette dated 2006-09-01 number 1587 part 1
2. Eastern Cape Provincial Gazette dated 2006-10-13 number 1610 part 1
3. Eastern Cape Provincial Gazette dated 2006-11-27 number 1629
4. Eastern Cape Provincial Gazette dated 2006-12-27 number 1643
5. Eastern Cape Provincial Gazette dated 2009-04-28 number 2115
6. Eastern Cape Provincial Gazette dated 2009-06-29 number 2141
7. Eastern Cape Provincial Gazette dated 2009-07-09 number 2151
8. Eastern Cape Provincial Gazette dated 2009-07-23 number 2157
9. Eastern Cape Provincial Gazette dated 2009-07-27 number 2159
10. Eastern Cape Provincial Gazette dated 2010-06-10 number 2379
Judgment 139
1. Department of Land Affairs and Others v Goedgelegen Tropical Fruits (Pty) Ltd [2007] ZACC 12 (6 June 2007) 64 citations
2. Alexkor Ltd and Another v Richtersveld Community and Others [2003] ZACC 18 (14 October 2003) 37 citations
3. City of Johannesburg Metropolitan Municipality v Gauteng Development Tribunal and Others (Member of Executive Council of KwaZulu-Natal for Local Government and Traditional Affairs and Others intervening [2010] ZACC 11 (18 June 2010) 35 citations
4. De Lange v Smuts NO and Others [1998] ZACC 6 (28 May 1998) 35 citations
5. Camps Bay Ratepayers and Residents Association and Another v Harrison and Another [2010] ZACC 19 (4 November 2010) 32 citations
6. Florence v Government of the Republic of South Africa (CCT 127/13) [2014] ZACC 22 (26 August 2014) 28 citations
7. Molusi and Others v Voges NO and Others [2016] ZACC 6 (1 March 2016) 26 citations
8. Prinsloo NO and Others v Goldex 15 (Pty) Ltd and Another (243/2011) [2012] ZASCA 28 (28 March 2012) 25 citations
9. Minister of Land Affairs and Agriculture and Others v D & F Wevell Trust and Others (171/2006) [2007] ZASCA 153 (28 November 2007) 19 citations
10. Mwelase and Others v Director- General for the Department of Rural Development and Land Reform and Another [2019] ZACC 30 (20 August 2019) 16 citations
By-law 6
1. Customer Care and Revenue Management 2 citations
2. Credit Control, Tariffs and Debt Collection By-law, 2009
3. Property Rates By-law, 2014
4. Property Rates By-law, 2014
5. Rates By-law, 2010
6. Revenue By-law, 2014
Act 5
1. Income Tax Act, 1962 1669 citations
2. National Environmental Management: Protected Areas Act, 2003 654 citations
3. Prevention and Combating of Corrupt Activities Act, 2004 382 citations
4. National Forests Act, 1998 214 citations
5. Extension of Security of Tenure Act, 1997 165 citations
Government Notice 2
1. Land Claims Court Rules, 1997
2. Legal Aid of South Africa Regulations, 2017

Subsidiary legislation

Title
Date
Land Claims Court Rules, 1997
Agriculture and Land
Government Notice 300 of 1997 21 February 1997
Agriculture and Land