Restitution of Land Rights Act, 1994

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Jurisdiction

South Africa

Citation

Act 22 of 1994

Date

Language

English

Type

Legislation

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Subject areas > Agriculture and Land

Restitution of Land Rights Act, 1994

Act 22 of 1994

Published in Government Gazette 16106 on 25 November 1994
Assented to on 17 November 1994
Commenced on 2 December 1994 by Restitution of Land Rights Act, 1994: Commencement
[This is the version of this document as it was from 16 May 2011 to 30 June 2014.]

[Amended by Land Restitution and Reform Laws Amendment Act, 1997 (Act 63 of 1997) on 2 December 1994]
[Amended by Land Restitution and Reform Laws Amendment Act, 1999 (Act 18 of 1999) on 2 December 1994]
[Amended by Restitution of Land Rights Amendment Act, 1995 (Act 84 of 1995) on 6 October 1995]
[Amended by Land Restitution and Reform Laws Amendment Act, 1996 (Act 78 of 1996) on 20 November 1996]
[Amended by Land Restitution and Reform Laws Amendment Act, 1997 (Act 63 of 1997) on 21 November 1997]
[Amended by Land Affairs General Amendment Act, 1998 (Act 61 of 1998) on 28 September 1998]
[Amended by Land Restitution and Reform Laws Amendment Act, 1999 (Act 18 of 1999) on 23 April 1999]
[Amended by Land Affairs General Amendment Act, 2000 (Act 11 of 2000) on 24 March 2000]
[Amended by Restitution of Land Rights Amendment Act, 2003 (Act 48 of 2003) on 4 February 2004]
[Amended by Public Service Amendment Act, 2007 (Act 30 of 2007) on 1 April 2008]
[Amended by Rural Development and Land Reform General Amendment Act, 2011 (Act 4 of 2011) on 16 May 2011]

(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 Claims Court established by section 22;"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" means any High Court referred to in section 166(c) of the Constitution, excluding a high court of appeal;[definition of "High Court" inserted by section 2(c) of Act 63 of 1997]"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", in relation to a hearing before more than one judge, means the judge designated as such by the President of the Court[definition of "presiding judge" inserted by section 1(c) of Act 78 of 1996]"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 sections 16 and 32;"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.

[subsection (1) substituted by section 2(a) of Act 78 of 1996]

(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.[subsection (1A) inserted by section 2(b) of Act 78 of 1996]

(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 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.

[subsection (1) substituted by section 5(a) of Act 63 of 1997]

(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 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]

(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)If an order has been made by the Court as contemplated in section 35 in respect of a right or rights in land, no person may lodge a claim in respect of that land without the leave of the Court.[subsection (5) substituted by section 4(c) of Act 18 of 1999, by section 5(b) of Act 78 of 1996 and by section 7(a) of Act 63 of 1997]

(5A)Where an appeal is pending in respect of an order of the Court contemplated in section 35, 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]

(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 31 December 1998.[subsection (5) substituted by section 8 of Act 63 of 1997]

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

Any person who—

(a)contravenes the provisions of section 11(7)(a), (aA), (b), (c), or (d);[paragraph (a) substituted by section 12(a) of Act 63 of 1997]

(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,[paragraph (d) substituted by section 12(b) of Act 63 of 1997]

shall be guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding three months.

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
The Land Claims Court

22. Land Claims Court

(1)There shall be a court of law to be known as the Land Claims Court which shall have the power, to the exclusion of any court contemplated in section 166(c), (d) or (e) of the Constitution—

(a)to determine a right to restitution of any right in land in accordance with this Act;

(b)to determine or approve compensation payable in respect of land owned by or in the possession of a private person upon expropriation or acquisition of such land in terms of this Act;

(c)to determine the person entitled to title to land contemplated in section 3;

(cA)at the instance of any interested person and in its discretion, to grant a declaratory order on a question of law relating to section 25(7) of the Constitution or to this Act or to any other law or matter in respect of which the Court has jurisdiction, notwithstanding that such person might not be able to claim any relief consequential upon the granting of such order;

(cB)to determine whether compensation or any other consideration received by any person at the time of any dispossession of a right in land was just and equitable;

(cC)to determine any matter involving the interpretation or application of this Act or the Land Reform (Labour Tenants) Act, 1996 (Act No. 3 of 1996), with the exception of matters relating to the definition of ‘occupier’ in section 1(1) of the Extension of Security of Tenure Act, 1997 (Act No. 62 of 1997);[paragraph (cC) substituted by section 4 of Act 11 of 2000]

(cD)to decide any constitutional matter in relation to this Act or the Land Reform (Labour Tenants) Act, 1996 (Act No. 3 of 1996).

(cE)to determine any matter involving the validity, enforceability, interpretation or implementation of an agreement contemplated in section 14(3), unless the agreement provides otherwise;[paragraph (cE) inserted by section 7(a) of Act 18 of 1999]

(d)to determine all other matters which require to be determined in terms of this Act.

[subsection (1) amended by section 10(a) of Act 78 of 1996 and substituted by section 13(a) of Act 63 of 1997]

(2)Subject to Chapter 8 of the Constitution, the Court shall have jurisdiction throughout the Republic and shall have—

(a)all such powers in relation to matters falling within its jurisdiction as are possessed by a High Court having jurisdiction in civil proceedings at the place where the land in question is situated, including the powers of a High Court in relation to any contempt of the Court;

(b)all the ancillary powers necessary or reasonably incidental to the performance of its functions, including the power to grant interlocutory orders and interdicts.

(c)the power to decide any issue either in terms of this Act or in terms of any other law, which is not ordinarily within its jurisdiction but is incidental to an issue within its jurisdiction, if the Court considers it to be in the interests of justice to do so.[paragraph (c) added by section 7(b) of Act 18 of 1999]

[subsection (2) substituted by section 10(b) of Act 78 of 1996 and by section 13(a) of Act 63 of 1997]

(3)There shall be a President of the Court, who shall be appointed by the President of the Republic, acting on the advice of the Judicial Service Commission.

(4)The President of the Republic may, after consultation with the President of the Court and the Judicial Service Commission, appoint additional judges of the Court.

(5)The President of the Court and the additional judges of the Court may be appointed for a fixed term.

(6)A judge of a High Court may be seconded to serve as a judge of the Court.[subsection (6) amended by section 13(b) of Act 63 of 1997]

(7)The President of the Republic shall designate a judge of the Court to act as President of the Court during the absence of the President of the Court.[subsection (7) added by section 1 of Act 84 of 1995]

(8)If there is sufficient reason the President of the Republic may, after consultation with the President of the Court, appoint an acting judge of the Court for such term as the President of the Republic shall determine: Provided that the Minister of Justice, after consultation with the President of the Court, may make such an appointment in respect of a term not exceeding one month.[subsection (8) added by section 1 of Act 84 of 1995 and substituted by section 10(c) of Act 78 of 1996]

(9)

(a)Proceedings in which a judge of the Court has participated and which have not been disposed of at the termination of his or her term of service or, having been disposed of before or after such termination, are reopened, shall be disposed of by that judge.

(b)For the purposes of paragraph (a) any appointment made under this section shall be deemed also to have been made for the time in which the proceedings referred to in paragraph (a) are being disposed of.

[subsection (9) added by section 1 of Act 84 of 1995]

23. Qualifications of judges of Court

No person shall be qualified to be appointed President of the Court or a judge of the Court unless he or she—

(a)is a South African citizen;

(b)is a fit and proper person to be a judge of the Court; and

(c)

(i)is a judge of a High Court or is qualified to be admitted as an advocate or attorney and has, for a cumulative period of at least ten years, practised as an advocate or an attorney or lectured in law at a university; or[subparagraph (i) amended by section 14 of Act 63 of 1997]

(ii)by reason of his or her training and experience, has expertise in the fields of law and land matters relevant to the application of this Act and the law of the Republic.

24. ***

[section 24 repealed by section 15 of Act 63 of 1997]

25. Holding of office

(1)The provisions of sections 174(8) and 177 of the Constitution with regard to making of an oath or a solemn affirmation and the removal or suspension of judges shall apply mutatis mutandis to judges of the Court.[subsection (1) substituted by section 16 of Act 63 of 1997]

(2)An assessor shall take an oath or make a solemn affirmation that he or she will, on the evidence placed before him or her, give a true verdict or considered opinion upon the issues to be tried.

(3)An assessor's oath or affirmation shall be administered by the presiding judge at the commencement of the hearing of every matter, before any evidence is led.

[section 25 substituted by section 11 of Act 78 of 1996]

26. Remuneration and conditions of employment of judges

(1)The President and a judge of the Court not being a judge of a High Court, shall receive such remuneration and shall, subject to section 22(5), be appointed subject to such conditions of employment as determined by the President of the Republic in consultation with the Judicial Service Commission, and his or her remuneration shall not be reduced during his or her term of service.[subsection (1) amended by section 17 of Act 63 of 1997]

(2)Notwithstanding anything to the contrary contained in any other law, a gratuity included in the remuneration determined in terms of subsection (1) and payable after vacation of office, shall not be taxable.[subsection (2) inserted by section 12(a) of Act 78 of 1996]

(3)An allowance included in the remuneration determined in terms of subsection (1) shall not be taxable, unless Parliament expressly provides otherwise.[subsection (3) inserted by section 12(a) of Act 78 of 1996]

(4)The President and a judge of the Court may be paid such allowances for travelling and subsistence expenses incurred by him or her in the performance of his or her functions in terms of this Act as the Minister of Justice may determine with the concurrence of the Minister of Finance.[subsection (4) previously subsection (2), substituted and renumbered by section 12(b) of Act 78 of 1996]

(5)The provisions of subsections (1), (3) and (4) shall apply also to a person appointed under section 22(7) and (8).[subsection (5) previously subsection (3), substituted and renumbered by section 12(c) of Act 78 of 1996]

[section 26 substituted by section 2 of Act 84 of 1995]

26A. Secondment of judges and appointment of acting judges to Land Claims Court

(1)Notwithstanding sections 22(3), (4), (5), (6), (7), (8) and (9), 23, 25 and 26, the Minister of Justice must, after consultation with the Minister, at the expiry of the fixed term contemplated in section 22(5) cause such number of judges of the High Court as may be necessary to be seconded to serve as judges of the Court.

(2)The Minister may request the Minister of Justice to appoint an acting judge of the Court in accordance with section 175(2) of the Constitution for such period as may be necessary.

(3)The President of the Republic shall, after consultation with the Minister of Justice, designate one of the seconded judges or an acting judge appointed under subsection (2), to act as President of the Court.

(4)Proceedings in which—

(a)a seconded judge or acting judge has participated and which have not been disposed of during the secondment or the term of service or, having been disposed of before or after such secondment or term, are reopened; or

(b)a judge of the Court appointed under section 22 has participated and which have not been disposed of at the expiry of the fixed term contemplated in subsection (1) or, having been disposed of before or after such expiry, are reopened,

must be disposed of by that judge.

[section 26A inserted by section 5 of Act 11 of 2000]

27. Appointment of assessors

(1)The assessors contemplated in section 28(4) shall be appointed by the presiding judge from a list compiled from time to time by the Minister after—

(a)inviting nominations from the general public; and

(b)consultation with the President of the Court.

(2)An assessor of the Court shall be a person who, in the opinion of the Minister, has skills and knowledge relevant to the work of the Court: Provided that it shall not be a requirement that an assessor shall have any legal qualifications.

(3)An assessor shall receive such remuneration and be entitled to such benefits as may be determined by the Minister of Justice in consultation with the Minister of Finance and the President of the Court.

[section 13 substituted by section 13 of Act 78 of 1996]

28. Seat and hearings of Court

(1)The seat or seats of the Court shall be determined by the Minister of Justice in consultation with the President of the Court.

(2)The Court may notwithstanding the provisions of subsection (1) conduct hearings at any other place in the Republic with a view to making the Court accessible to claimants.

(3)Hearings of the Court shall be presided over by a single judge unless the President of the Court or in his or her absence the most senior available judge decides to the contrary.

(4)At least one assessor shall assist the Court at a contested hearing of—

(a)any claim which has been referred to the Court in terms of section 14;

(b)any application in terms of section 34; and

(c)any application in terms of Chapter IIIA:

Provided that this requirement shall not apply in respect of—

(i)any hearing where the only matters in dispute are questions of law;

(ii)any interlocutory or preliminary hearing or pre-trial proceedings, unless the Court decides otherwise;[subparagraph (ii) substituted by section 8 of Act 18 of 1999]

(iii)any proceedings dealing with contempt of the Court.

[subsection (4) substituted by section 14(a) of Act 78 of 1996 and by section 18 of Act 63 of 1997]

(5)An assessor, other than an assessor contemplated in subsection (6), shall be a member of the Court and the decision or finding of the majority of the members of the Court shall be the decision or finding of the Court: Provided that an assessor shall not decide upon a question of law or upon a question whether or not any matter constitutes a question of law: Provided further that a decision in respect of a matter referred to in section 33 or 34(6) shall be deemed not to be a question of law[subsection (5) substituted by section 14(b) of Act 78 of 1996]

(6)In any proceedings, other than those contemplated in paragraphs (a) and (b) of subsection (4), the Court may summon to its assistance no more than two assessors to act in an advisory capacity.[subsection (6) added by section 14(c) of Act 78 of 1996]

(7)Subject to the provisos to subsection (5), in the event of an equality of votes—

(a)at a hearing where one or more members of the Court are assessors, the vote of the judge, or, if there is more than one judge, the vote of the majority of the judges, shall prevail;

(b)at any other hearing, the hearing shall be adjourned and commenced before a new court constituted in such manner as the President of the Court or, in his or her absence, the most senior available judge may determine.

[subsection (7) added by section 14(c) of Act 78 of 1996]

(8)If at any stage during the hearing of any matter where two or more judges are members of the Court, any judge of such Court dies or retires or is otherwise incapable of acting or is absent, the hearing shall proceed before the remaining members of such Court: Provided that such members shall include at least one judge.[subsection (8) added by section 14(c) of Act 78 of 1996]

(9)If at any stage during the hearing of any matter an assessor who is a member of the Court dies or, in the opinion of the presiding judge, becomes unable to act as assessor or is absent, the presiding judge may direct—

(a)that the hearing proceed before the remaining member or members of the Court; or

(b)that the hearing shall commence de novo, unless all the parties to the proceedings agree unconditionally in writing to accept the decision of the remaining member or members as the decision of the Court.

[subsection (9) added by section 14(c) of Act 78 of 1996]

(10)Subsections (5) and (7) shall apply mutatis mutandis when a hearing proceeds before the remaining member or members of the Court in the circumstances set out in subsection (8) or (9).[subsection (10) added by section 14(c) of Act 78 of 1996]

28A. Seals of Court

The Court shall have for use as occasion may require, a seal of such design as may be prescribed by the President of the Republic by proclamation in the Gazette and such seal shall be kept in the custody of the registrar of the Court.[section 28A inserted by section 15 of Act 78 of 1996]

28B. Proceedings to be conducted in open court

All hearings in the Court shall, except in so far as the Court may in special cases direct otherwise, be conducted in open court.[section 28B inserted by section 15 of Act 78 of 1996]

28C. Reference of particular matters for investigation by referee

(1)In any proceedings the Court may, with the consent of the parties, refer—

(a)any matter which requires extensive examination of documents or scientific, technical or local investigation which cannot be conveniently conducted by the Court;

(b)any matter which relates wholly or in part to accounts; or

(c)any other matter arising in such proceedings, for enquiry and report to a referee, and the Court may, after hearing such evidence or arguments as may be adduced or presented by the parties—

(i)adopt the report of any such referee, either wholly or in part, and either with or without modifications;

(ii)remit such report for further enquiry or report or consideration by such referee; or

(iii)make any other order in regard thereto.

(2)Any finding in such report or any part thereof which is adopted by the Court, whether with or without modifications, shall have effect as if it were a finding by the Court in the proceedings in question.

(3)Any such referee shall for the purpose of such enquiry have such powers and shall conduct the enquiry in such manner as may be prescribed by a special order of court or by the rules.

(4)For the purpose of procuring the attendance of any witness, including any witness detained in custody under any law, and the production of any document or thing before a referee, an enquiry under this section shall be deemed to be proceedings before the Court: Provided that the referee shall not have jurisdiction in respect of the criminal offences created by this section.

(5)Any person summoned to appear and give evidence or produce any document or thing before a referee, and who, without sufficient cause—

(a)fails to attend at the time and place specified or to remain in attendance until the conclusion of the enquiry or until he or she is excused by the referee from further attendance;

(b)refuses to be sworn or to make affirmation as a witness;

(c)having been sworn or having made affirmation as a witness, fails, without just excuse, to answer fully and satisfactorily any question put to him or her;

(d)fails to produce any document or thing in his or her possession or custody or under his or her control which he or she was summoned to produce, shall be guilty of an offence and liable on conviction either by the Court by way of the procedures set out in section 28F or by a criminal court having jurisdiction, to a fine or to imprisonment for a period not exceeding three months.

(6)Any person who, after having been sworn or having made affirmation, gives false evidence before a referee at any enquiry, knowing such evidence to be false or not knowing or believing it to be true, shall be guilty of an offence and liable on conviction to the penalties prescribed by law for perjury.

(7)Any referee shall be entitled to such fees as may be prescribed by the rules or, if no such fees have been so prescribed, to such fees as the Court may determine, and to any reasonable expenditure incurred by him or her for the purposes of the enquiry, and any such fees and expenditure shall be taxed by the taxing master of the Court and shall be costs in the cause: Provided that the Court may order the State to pay the said fees and expenditure.

[section 28C inserted by section 15 of Act 78 of 1996]

28D. No process to be issued against judge of Court except with consent of court

(1)Notwithstanding anything to the contrary contained in any law, no summons or subpoena against the President or any other judge of the Court shall in any civil action be issued out of any court without the consent of such court: Provided that no such summons or subpoena shall be issued out of a lower court unless a High Court which has jurisdiction to hear and determine an appeal in a civil action from such lower court, has consented thereto.[subsection (1) amended by section 19(a) of Act 63 of 1997]

(2)Where the issuing of a summons or subpoena against a judge of the Court to appear in a civil action has been consented to, the date upon which such judge must attend court shall be determined in consultation with the President of the Court or, in his or her absence, the most senior available judge of the Court.

(3)For the purposes of subsection (1) ‘lower court’ means any court, other than the Constitutional Court, the Supreme Court of Appeal or a High Court, which is required to keep a record of its proceedings, and includes a court of a regional division and a magistrate’s court established in terms of the Magistrates’ Courts Act, 1944 (Act No. 32 of 1944).[subsection (3) substituted by section 19(b) of Act 63 of 1997]

[section 28D inserted by section 15 of Act 78 of 1996]

28E. Judgment by default

A judgment by default may be granted by the Court in the manner and in the circumstances prescribed in the rules: Provided that the Court shall be satisfied that there was proper service of the process by which the case was initiated.[section 28E inserted by section 15 of Act 78 of 1996]

28F. Manner of securing attendance of witnesses or production of any document or thing in proceedings before Court

(1)A party to proceedings before the Court may procure the attendance of any witness or the production of any document or thing in the manner provided for in the rules.

(2)Whenever any person subpoenaed to attend any proceedings before the Court as a witness or to produce any document or thing fails without reasonable excuse to obey the subpoena and it appears from the return of the proper officer or from evidence given under oath that the subpoena was served upon the person to whom it is directed and that his or her reasonable expenses calculated in accordance with the tariff referred to in section 28M have been paid or offered to him or her, or that he or she is evading service of the subpoena, or if any person who has attended in obedience to a subpoena fails to remain in attendance until excused, the Court may issue a warrant directing that he or she be arrested and brought before the Court at a time and place stated in the warrant or as soon thereafter as possible.

(3)A person arrested under any such warrant may be detained thereunder before the Court or in any prison or lock-up or other place of detention or in the custody of the person who is in charge of him or her with a view to securing his or her presence as a witness or to produce any document or thing at the said proceedings: Provided that the Court may release him or her on a recognizance with or without sureties for his or her appearance to give evidence or to produce any document or thing as required and for his or her appearance at the enquiry referred to in subsection (4).

(4)The Court may in a summary manner, enquire into such person’s evasion of the service of the subpoena or failure to obey the subpoena or to remain in attendance, and may, if it finds such person guilty, sentence him or her to a fine or to imprisonment for a period not exceeding three months.

(5)Any sentence imposed by the Court under subsection (4) shall be enforced and shall be subject to appeal as if it were a sentence imposed in a criminal case.

(6)If a person who has entered into any recognizance for his or her appearance to give evidence at such proceedings or to produce any document or thing or for his or her appearance at any enquiry referred to in subsection (4) fails so to appear, he or she may, apart from the forfeiture of his or her recognizance, be dealt with as if he or she had failed to obey a subpoena to attend such proceedings or appear at such enquiry.

[section 28F inserted by section 15 of Act 78 of 1996]

28G. Manner in which witnesses may be dealt with on refusal to give evidence or produce any document or thing

(1)Whenever any person who appears either in obedience to a subpoena or by virtue of a warrant issued under section 28F or is present and is verbally required by the Court to give evidence in any proceedings refuses to be sworn or to make an affirmation, or, having been sworn or having made an affirmation, without any just excuse refuses or fails to answer such questions as are put to him or her, or to produce any document or thing which he or she is required to produce the Court may adjourn the proceedings for any period not exceeding eight days and may, in the meantime, by warrant commit the person so refusing or failing to prison unless he or she consents to do what is required of him or her.

(2)If at the resumed hearing of the proceedings, any person referred to in subsection (1) again refuses without just excuse to do what is so required of him or her, the Court may again adjourn the proceedings and commit him or her to prison for a like period and so again from time to time until such person consents to do what is required of him or her.

(3)Nothing contained in this section shall prevent the Court from giving judgment in any case or otherwise disposing of the proceedings according to any other sufficient evidence taken.

(4)No person shall be bound to produce any document or thing not specified or otherwise sufficiently described in the subpoena unless he or she actually has it in court.

(5)When a subpoena is issued to procure the attendance of any person to give evidence or to produce any book, paper, document or thing in any proceedings before the Court, and it appears—

(a)that he or she is unable to give any evidence or to produce any book, paper, document or thing which would be relevant to any issue in such proceedings;

(b)that to compel him or her to attend would be an abuse of the judicial process,

the Court may, notwithstanding anything contained in this section, after reasonable notice by the registrar of the Court to the party who sued out of the subpoena and after hearing that party in chambers if he or she appears, make an order cancelling such subpoena.

[section 28G inserted by section 15 of Act 78 of 1996]

28H. Examination by interrogatories of persons whose evidence is required in proceedings before Court

(1)The Court may in connection with any proceedings pending before it, order that the evidence of a person who resides or is for the time being outside the area of jurisdiction of the Court be taken by means of interrogatories.

(2)Whenever an order is made under subsection (1), the registrar of the Court shall certify that fact and transmit a copy of his or her certificate to a commissioner of the Court, together with any interrogatories duly and lawfully framed which it is desired to put to the said person and the fees and the amount of the expenses payable to the said person for his or her appearance as hereinafter provided.

(3)Upon receipt of the aforesaid certificate and of the interrogatories and amounts aforesaid, the commissioner shall summon the said person to appear before him or her, and upon his or her appearance shall take his or her evidence as if he or she were a witness in proceedings before the Court, and shall put to him or her the interrogatories aforesaid with any other questions calculated to obtain full and true answers to the said interrogatories and shall take down or cause to be taken down the evidence so obtained, and shall transmit the same, certified as correct, to the registrar of the Court.

(4)The commissioner shall further transmit to the said registrar a certificate showing the amount paid to the person concerned in respect of the expenses of his or her appearance, and the cost of the issue and service of the process for summoning such person before him or her.

(5)Any person summoned to appear as provided in this section who without reasonable excuse fails to appear at the time and place mentioned in the summons, shall be guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding three months.

(6)Any interrogatories taken and certified under this section, shall, subject to all lawful exceptions, be received as evidence in the aforesaid proceedings.

[section 28H inserted by section 15 of Act 78 of 1996]

28I. Appointment of officers of Court

(1)The Minister of Justice may, subject to the laws governing the public service, appoint registrars, assistant registrars and other officers for the Court whenever they may be required for the administration of justice or the execution of the functions of the Court.

(2)Whenever by reason of absence or incapacity a registrar or assistant registrar is unable to carry out the functions of his or her office, or his or her office becomes vacant, the Minister of Justice may authorise any other competent officer in the public service to act in the place of the absent or incapacitated officer during such absence or incapacity or to act in the vacant office until the vacancy is filled.[subsection (2) amended by section 20 of Act 63 of 1997 and by section 42 of Act 30 of 2007]

(3)Any officer in the public service appointed under subsection (1) may simultaneously hold more than one of the offices mentioned in that subsection.

(4)

(a)The President of the Court may, in consultation with the Minister of Justice, from time to time, appoint one or more persons to undertake such research or perform such duties for the Court as the President of the Court may determine.

(b)The remuneration and other terms and conditions of service of a person appointed in terms of paragraph (a) shall be as determined, either generally or in any specific case, by the President of the Court in consultation with the accounting officer referred to in section 28J(3).

(5)The Minister of Justice may delegate to an officer in the Department of Justice any of the powers vested in him or her by this section.

[section 28I inserted by section 15 of Act 78 of 1996]

28J. Finances and accountability

(1)Expenditure in connection with the administration and functioning of the Court shall be defrayed from monies appropriated by Parliament for such purpose.

(2)Requests for the funds needed for the administration and functioning of the Court, as determined by the President of the Court after consultation with the Minister of Justice, shall be addressed to Parliament by the Minister of Justice in the manner prescribed for the budgetary process of Departments of State.

(3)The Director-General of Justice or an officer of the Department of Justice designated by him or her for such purpose shall, subject to the Exchequer Act, 1975 (Act No. 66 of 1975)—

(a)be charged with the responsibility of accounting for money received or paid out for or on account of the administration and functioning of the Court; and

(b)cause the necessary accounting and other related records to be kept, which records shall be audited by the Auditor-General appointed in terms of section 193 of the Constitution.[paragraph (b) substituted by section 21 of Act 63 of 1997]

[section 28J inserted by section 15 of Act 78 of 1996]

28K. Scope and execution of process of Court

(1)The process of the Court shall run throughout the Republic and its sentences, rulings, judgments, writs, summonses, orders, warrants, commands and other processes shall be executed in any area in like manner as if they were processes of the provincial division of the Supreme Court having jurisdiction in such area.

(2)A sheriff or a deputy sheriff of the Supreme Court appointed for the area in which any process is to be served, shall execute all sentences, rulings, judgments, writs, summonses, orders, warrants, commands and other processes of the Court directed to him or her and any reference in this Act to a sheriff or a deputy sheriff shall be deemed to be a reference to a sheriff or deputy sheriff of the Supreme Court acting in terms of this section.

(3)A sheriff or deputy sheriff performing his or her duties in terms of this Act shall have all the powers and rights and be subject to all the obligations and duties applicable to the execution by such sheriff or deputy sheriff of the process of the provincial division of the Supreme Court for which he or she is appointed.

(4)The return of a sheriff or a deputy sheriff of what has been done in connection with any process of the Court, shall be prima facie evidence of the matters therein stated.

(5)A refusal by the sheriff or any deputy sheriff to do any act which he or she is, in terms of this Act, empowered or obliged to do, shall be subject to review by the Court on application ex parte or on notice as the circumstances may require.

(6)Any warrant or other process for the execution of a judgment given or order issued against any association of persons, corporate or unincorporated, partnership or firm may be executed by attachment of the property or assets of such association, partnership or firm.

[section 28K inserted by section 15 of Act 78 of 1996]

28L. Offences relating to execution

Any person who is guilty of the conduct referred to in section 40 of the Supreme Court Act, 1959 (Act No. 59 of 1959), in relation to the execution by a sheriff or deputy sheriff of his or her duties in terms of this Act, shall be guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding six months.[section 28L inserted by section 15 of Act 78 of 1996]

28M. Witness fees

(1)A witness in any proceedings of the Court and any person who accompanies any such witness on account of the youth or infirmity of such witness, shall be paid such allowances as may be prescribed in terms of section 42 of the Supreme Court Act, 1959.

(2)Notwithstanding anything to the contrary contained in any other law, the Court may order that no allowances or only a portion of the prescribed allowances shall be paid to any witness.

[section 28M inserted by section 15 of Act 78 of 1996]

28N. Powers of Court on hearing of appeals

The Court shall, at the hearing of any appeal in terms of any law conferring upon it any appellate jurisdiction, have the power—

(a)to receive further evidence;

(b)to remit the case to the court or other tribunal of first instance or to the arbitrator concerned, for further hearing, with such instructions as regards the taking of further evidence or otherwise as the Court considers necessary; or

(c)to confirm, amend or set aside the judgment, order or decision which is the subject matter of the appeal and to give any judgment, order or decision which the circumstances may require,

unless such law provides otherwise.[section 28N inserted by section 15 of Act 78 of 1996]

28O. Application of provisions of this Chapter in respect of performance by Court of its functions under other legislation

The provisions of this Chapter regulating the procedures, powers and obligations of the Court shall apply mutatis mutandis, to the performance by the Court of its functions in terms of any other law in respect of which it has jurisdiction, unless such application is excluded expressly or by necessary implication.[section 28O inserted by section 15 of Act 78 of 1996]

29. Intervention to proceedings before Court, right to appear and legal representation

(1)Any interested person, including an organisation, may apply to the Court for leave to intervene as a party to any proceedings before the Court.

(2)The State shall have the right to intervene as a party to all proceedings before the Court.

(3)Any party appearing before the Court may do so in person or may be represented by an advocate or attorney.

(4)Where a party can not afford to pay for legal representation itself, the Chief Land Claims Commissioner may take steps to arrange legal representation for such party, either through the State legal aid system or, if necessary, at the expense of the Commission.

[section 29 substituted by section 16 of Act 78 of 1996]

30. Admissibility of evidence

(1)The Court may admit any evidence, including oral evidence, which it considers relevant and cogent to the matter being heard by it, whether or not such evidence would be admissible in any other court of law.

(2)Without derogating from the generality of the aforegoing subsection, it shall be competent for any party before the Court to adduce—

(a)hearsay evidence regarding the circumstances surrounding the dispossession of the land right or rights in question and the rules governing the allocation and occupation of land within the claimant community concerned at the time of such dispossession; and

(b)expert evidence regarding the historical and anthropological facts relevant to any particular claim.

(3)The Court shall give such weight to any evidence adduced in terms of subsections (1) and (2) as it deems appropriate.

(4)Whenever an order, judgement or other record of the Court is required to be proved or inspected or referred to in any manner, a copy of such order, judgment or other record duly certified as such by the registrar of the Court under its seal shall be prim a facie evidence thereof without proof of the authenticity of such registrar’s signature.[subsection (4) added by section 17 of Act 78 of 1996]

31. Pre-trial conference

(1)The Court may, at its own instance or at the request of any party before It, at any stage prior to the hearing of a matter convene a pre-trial conference of the parties with a view to clarifying the issues in dispute, identifying those issues on which evidence will be necessary and, in general, expediting a decision on the claim in question.

(2)The Court may, after the holding of such a pre-trial conference, issue such orders and directions as to the procedure to be followed before and during the trial as it deems appropriate.

32. Rules governing procedure

(1)The President of the Court may make rules to govern the procedure of the Court, including rules providing for—

(a)any of the matters listed in paragraphs (a) to (s) of subsection (1) of section 6 of the Rules Board for Courts of Law Act, 1985 (Act No. 107 of 1985), insofar as they are appropriate to the functions of the Court;

(b)the circumstances under which opinion and oral evidence may be submitted to the Court;

(c)the suspension or execution of judgments, orders or sentences of the Court pending—

(i)applications or petitions for leave to appeal; and

(ii)the prosecution of appeals;[subparagraph (ii) amended by section 22 of Act 63 of 1997]

(cA)the practice and procedure of the Court in applications in terms of Chapter IIIA; and[paragraph (cA) inserted by section 22 of Act 63 of 1997]

(d)generally, any matter which may be necessary or useful to be prescribed for the proper despatch and conduct of the functions of the Court.

[subsection (1) substituted by section 18 of Act 78 of 1996]

(2)The rules contemplated in subsection (1) shall be published in the Gazette.

(3)Notwithstanding anything to the contrary in this Act or in the rules contemplated in subsection (1)—

(a)the Court may, at any stage after a claim has been referred to it, refer the claim back to the Commission with directives as to matters which are to be investigated and reported on by the Commission; and

(b)the Court may conduct any part of any proceedings on an informal or inquisitorial basis.

(4)The rules contemplated in subsection (1) shall make provision for the expeditious hearing of an application in terms of section 34.

33. Factors to be taken into account by Court

In considering its decision in any particular matter the Court shall have regard to the following factors:

(a)The desirability of providing for restitution of rights in land to any person or community dispossessed as a result of past racially discriminatory laws or practices;

(b)the desirability of remedying past violations of human rights;

(c)the requirements of equity and justice;

(cA)if restoration of a right in land is claimed, the feasibility of such restoration;

(d)the desirability of avoiding major social disruption;

(e)any provision which already exists, in respect of the land in question in any matter, for that land to be dealt with in a manner which is designed to protect and advance persons, or categories of persons, disadvantaged by unfair discrimination in order to promote the achievement of equality and redress the results of past racial discrimination;

(eA)the amount of compensation or any other consideration received in respect of the dispossession, and the circumstances prevailing at the time of the dispossession;

(eB)the history of the dispossession, the hardship caused, the current use of the land and the history of the acquisition and use of the land;

(eC)in the case of an order for equitable redress in the form of financial compensation, changes over time in the value of money;

(f)any other factor which the Court may consider relevant and consistent with the spirit and objects of the Constitution and in particular the provisions of section 9 of the Constitution.

[section 33 substituted by section 23 of Act 63 of 1997]

34. Ruling by Court on restoration before final determination of claim

(1)Any national, provincial or local government body may, in respect of land which is owned by it or falls within its area of jurisdiction, make application to the Court for an order that the land in question or any rights in it shall not be restored to any claimant or prospective claimant.

(2)Notice of any such application shall be given to the Commission, which shall investigate and submit a report to the Court on the desirability of making an order referred to in subsection (1): Provided that the provisions of sections 12 and 13 shall not be so construed that it prohibits the Commission from exercising the powers conferred by those sections for the purposes of such investigation.[subsection (2) substituted by section 24(a) of Act 63 of 1997]

(3)Any party making an application to the Court in terms of subsection (1) shall, at its own expense, take such steps as the relevant regional land claims commissioner (or in the case of proceedings in terms of Chapter IIIA, the Court) may direct in order to bring the application to the attention of other persons who may have an interest therein, in order that they may make submissions to and appear before the Court on the hearing of the application.[subsection (3) substituted by section 24(a) of Act 63 of 1997]

(4)The regional land claims commissioner concerned shall take such further steps as he or she deems appropriate to bring the application to the attention of persons who may have an interest.

(5)After hearing an application contemplated in subsection (1), the Court may—

(a)dismiss the application;

(b)order that when any claim in respect of the land in question is finally determined, the rights in the land in question, or in part of the land, or certain rights in the land, shall not be restored to any claimant;

(c)make any other order it deems fit.

[subsection (5) substituted by section 24(b) of Act 63 of 1997]

(6)The Court shall not make an order in terms of subsection (5)(b) unless it is satisfied that—

(a)it is in the public interest that the rights in question should not be restored to any claimant; and

(b)the public or any substantial part thereof will suffer substantial prejudice unless an order is made in terms of subsection (5)(b) before the final determination of any claim.

(7)[subsection (7) deleted by section 19 of Act 78 of 1996]

(8)Any order made in terms of subsection (5)(b) shall be binding on all claimants to the rights in question, whether such claim is lodged before or after the making of the order.

(9)Unless the Court orders otherwise, the applicant shall not be entitled to any order for costs against any other party.[subsection (9) added by section 24(c) of Act 63 of 1997]

35. Court orders

(1)The Court may order—

(a)the restoration of land, a portion of land or any right in land in respect of which the claim or any other claim is made to the claimant or award any land, a portion of or a right in land to the claimant in full or in partial settlement of the claim and, where necessary, the prior acquisition or expropriation of the land, portion of land or 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 concerned; or

(ii)the Court is satisfied that satisfactory arrangements have been or will be made to grant such other claimant restitution of a right in land.

[paragraph (a) amended by section 9(a) of Act 18 of 1999]

(b)the State to grant the claimant an appropriate right in alternative state-owned land and, where necessary, order the State to designate it;

(c)the State to pay the claimant compensation;

(d)the State to include the claimant as a beneficiary of a State support programme for housing or the allocation and development of rural land;

(e)the grant to the claimant of any alternative relief.

[subsection (1) substituted by section 25(a) of Act 63 of 1997]

(2)The Court may in addition to the orders contemplated in subsection (1)—

(a)determine conditions which must be fulfilled before a right in land can be restored or granted to a claimant;

(b)if a claimant is required to make any payment before the right in question is restored or granted, determine the amount to be paid and the manner of payment, including the time for payment;

(c)if the claimant is a community, determine the manner in which the rights are to be held or the compensation is to be paid or held;

(d)[paragraph (d) omitted by section 25(a) of Act 63 of 1997]

(e)give any other directive as to how its orders are to be carried out, including the setting of time limits for the implementation of its orders;

(f)make an order in respect of compensatory land granted at the time of the dispossession of the land in question;

(fA)make appropriate orders to give effect to any agreement between the parties regarding the finalisation of the claim;

(g)make such orders for costs as it deems just, including an order for costs against the State or the Commission;[paragraph (g) substituted by section 20(a) of Act 78 of 1996]

[subsection (2) amended by section 20(a) of Act 78 of 1996 and substituted by section 25(a) of Act 63 of 1997]

(3)An order contemplated in subsection (2)(c) shall be subject to such conditions as the Court considers necessary to ensure that all the members of the dispossessed community shall 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 the community to the members of such community.[subsection (3) substituted by section 9(b) of Act 18 of 1999]

(4)The Court’s power to order the restitution of a right in land or to grant a right in alternative state-owned land shall include the power to adjust the nature of the right previously held by the claimant, and to determine the form of title under which the right may be held in future.

(5)[subsection (5) substituted by section 25(b) of Act 63 of 1997 and by section 9(c) of Act 18 of 1999 and deleted by section 1 of Act 48 of 2003]

(5A)[subsection (5A) inserted by section 9(d) of Act 18 of 1999 and deleted by section 1 of Act 48 of 2003]

(6)In making any award of land, the Court may direct that the rights of individuals to that land shall be determined in accordance with the procedures set out in the Distribution and Transfer of Certain State Land Act, 1993 (Act No. 119 of 1993).

(7)An order of the Court shall have the same force as an order of the Supreme Court for the purposes of the Deeds Registries Act, 1937 (Act No. 47 of 1937).

(8)[subsection (8) deleted by section 20(b) of Act 78 of 1996]

(9)Any state-owned land which is held under a lease or similar arrangement shall be deemed to be in the possession of the State for the purposes of subsection (1)(a): Provided that, if the Court orders the restoration of a right in such land, the lawful occupier thereof shall be entitled to just and equitable compensation determined either by agreement or by the Court.[subsection (9) substituted by section 25(c) of Act 63 of 1997]

(10)An interested party which is of the opinion that an order of the Court has not been fully or timeously complied with may make application to the Court for further directives or orders in that regard.

(11)The Court may, upon application by any person affected thereby and subject to the rules made under section 32, rescind or vary any order or judgment granted by it—

(a)in the absence of the person against whom that order or judgment was granted;

(b)which was void from its inception or was obtained by fraud or mistake common to the parties;

(c)in respect of which no appeal lies; or

(d)in the circumstances contemplated in section 11(5):

Provided that where an appeal is pending in respect of such order, or where such order was made on appeal, the application shall be made to the Constitutional Court or the Appellate Division of the Supreme Court, as the case may be.[subsection (11) added by section 20(c) of Act 78 of 1996]

(12)The Court may, upon application by any person affected thereby, or of its own accord—

(a)if a person is, in the circumstances contemplated in subsection (1), registered as a preferential claimant, rescind or vary the order contemplated in that subsection:

(b)correct patent errors in any order or judgment.

[subsection (12) added by section 20(c) of Act 78 of 1996]

35A. Mediation

(1)If at any stage during proceedings under this Act or any other Act conferring jurisdiction upon the Court it becomes evident that there is any issue which might be resolved through mediation and negotiation, the Court may make an order—

(a)directing the parties concerned to attempt to settle the issue through a process of mediation and negotiation;

(b)that such proceedings be stayed pending such process.

[subsection (1) amended by section 3 of Act 61 of 1998]

(2)

(a)An order contemplated in subsection (1) shall specify the time when and the place where such process is to start.

(b)The Court shall appoint a fit and proper person as 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 mediator appointed in terms of subsection (2)(b) who is not in the full-time service of the State may be paid such remuneration and allowances in respect of the services performed by him or her as may be determined by the Minister in consultation with the Minister of Finance and the President of the Court.

(4)All discussion taking place and all disclosures and submissions made during the mediation process shall be privileged, unless the parties agree to the contrary.

[section 35A inserted by section 26 of Act 63 of 1997]

36. Review of decisions of Commission

(1)Any party aggrieved by any act or decision of the Minister, Commission or any functionary acting or purportedly acting in terms of this Act, may apply to have such act or decision reviewed by the Court.[subsection (1) substituted by section 21 of Act 78 of 1996]

(2)The Court shall exercise all of the Supreme Court’s powers of review with regard to such matters, to the exclusion of the provincial and local divisions thereof.

37. Appeals from Court

(1)No appeal shall lie against a judgment or order of the Court except with leave of the Court or, where such leave has been refused, with the leave of the Supreme Court of Appeal.[subsection (1) substituted by section 27(a) of Act 63 of 1997]

(2)An appeal from a judgment or order of the Court shall be heard by the Supreme Court of Appeal.[subsection (2) amended by section 27(b) of Act 63 of 1997]

(3)The Supreme Court of Appeal may, in granting leave to appeal, vary any order for costs made by the Court in refusing leave to appeal.[subsection (3) amended by section 27(b) of Act 63 of 1997]

(4)The power to grant leave to appeal as contemplated in subsection—

(a)shall not be limited by reason only of the value of the matter in dispute or the amount claimed or awarded in the suit or by reason only of the fact that the matter in dispute is incapable of being valued in money; and

(b)shall be subject to the provisions of any other law which specifically limits it or specifically grants, limits or excludes any right of appeal.

[subsection (4) amended by section 27(b) of Act 63 of 1997]

(5)Leave to appeal may be granted subject to such conditions as the Court or the Supreme Court of Appeal, as the case may be, considers appropriate, including a condition that the applicant shall find security for the costs of the appeal.[subsection (5) amended by section 27(b) of Act 63 of 1997]

(6)The Supreme Court of Appeal may grant leave to appeal on application made to it within 15 days, or such longer period as may on good cause be allowed, after the Court has refused leave to appeal.[subsection (6) amended by section 27(b) of Act 63 of 1997]

(7)

(a)An application to the Supreme Court of Appeal in terms of subsection (6)—

(i)shall be brought on notice of motion supported by an affidavit as to the facts upon which the applicant relies for relief;

(ii)shall be addressed to the registrar of the Supreme Court of Appeal, to the registrar of the Court and to all other parties in the proceedings before the Court.

(b)The application shall be considered by two judges of the Supreme Court of Appeal designated by the Chief Justice, and in the case of a difference of opinion, also by the Chief Justice or any other such judge so designated.

(c)The judges considering the application may order that the application be argued before them at a time and place appointed, and may, whether or not they have so ordered—

(i)grant or refuse the application; or

(ii)refer the application to the Supreme Court of Appeal for consideration, whether upon argument or otherwise, and where an application has been so referred, the Supreme Court of Appeal may thereupon grant or refuse the application.

(d)The decision of the majority of the judges considering the application, or the decision of the Supreme Court of Appeal, as the case may be, to grant or refuse the application shall be final.

(e)Notice of the date and place fixed for the hearing of the application shall be given to the applicant and the respondent by the registrar of the Supreme Court of Appeal.

[subsection (7) amended by section 27(b) of Act 63 of 1997]

(8)The Supreme Court of Appeal shall, on the hearing of any appeal from the Court have the power—

(a)to receive further evidence;

(b)to remit the case to the Court for further hearing, with such instructions as regards the taking of further evidence or otherwise as the Supreme Court of Appeal considers necessary; or

(c)to confirm, amend or set aside the judgment or order which is the subject of the appeal and to give any judgment or make any order which the circumstances may require.

[subsection (8) amended by section 27(b) of Act 63 of 1997]

(9)Nothing in this section contained shall be construed as preventing an appeal from a judgment or order of the Court being made directly to the Constitutional Court, if such an appeal is allowed by national legislation and by the rules of the Constitutional Court.

(10)For the purposes of this section “Supreme Court of Appeal” means the Supreme Court of Appeal referred to in section 168 of the Constitution.[subsection (10) added by section 27(c) of Act 63 of 1997]

[section 37 substituted by section 22 of Act 78 of 1996]

38. Decisions of Court a matter of public record

The decisions of the Court shall be a matter of public record on the same basis as decisions of a High Court.[section 38 amended by section 28 of Act 63 of 1997]

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 31 December 1998 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 35 in respect of a right relating to that land; or

(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]

(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 31 December 1998.

[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 31 December 1998, 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.

(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 section 42C to the Director-General of Rural Development and Land Reform or any other officer of the State or to a regional land claims commissioner.[subsection (3) substituted by section 25 of Act 4 of 2011]

(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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History of this document

01 July 2014 amendment not yet applied

Amended by Restitution of Land Rights Amendment Act, 2014

16 May 2011 this version

Amended by Rural Development and Land Reform General Amendment Act, 2011

01 April 2008

Amended by Public Service Amendment Act, 2007

Read this version

04 February 2004

Amended by Restitution of Land Rights Amendment Act, 2003

Read this version

24 March 2000

Amended by Land Affairs General Amendment Act, 2000

Read this version

23 April 1999

Amended by Land Restitution and Reform Laws Amendment Act, 1999

Read this version

28 September 1998

Amended by Land Affairs General Amendment Act, 1998

Read this version

21 November 1997

Amended by Land Restitution and Reform Laws Amendment Act, 1997

Read this version

20 November 1996

Amended by Land Restitution and Reform Laws Amendment Act, 1996

Read this version

06 October 1995

Amended by Restitution of Land Rights Amendment Act, 1995

Read this version

02 December 1994

Amended by Land Restitution and Reform Laws Amendment Act, 1997

Amended by Land Restitution and Reform Laws Amendment Act, 1999

Commenced by Restitution of Land Rights Act, 1994: Commencement

Read this version

25 November 1994

Published in Government Gazette 16106

Read this version

17 November 1994

Assented to

Subsidiary legislation

Title	Numbered title
Land Claims Court Rules, 1997	Government Notice 300 of 1997
Restitution of Land Rights Act, 1994: Commencement	Proclamation R176 of 1994

Cited documents 8

Legislation 8

1.	Deeds Registries Act, 1937	2751 citations
2.	Magistrates' Courts Act, 1944	2746 citations
3.	Promotion of Administrative Justice Act, 2000	2107 citations
4.	Constitution of the Republic of South Africa, 1996	584 citations
5.	Expropriation Act, 1975	457 citations
6.	Rules Board for Courts of Law Act, 1985	178 citations
7.	Extension of Security of Tenure Act, 1997	167 citations
8.	Abolition of Racially Based Land Measures Act, 1991	41 citations

Documents citing this one 1583

Gazette 1428

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1140.	South Africa Government Gazette dated 2016-10-07 number 40338
1141.	South Africa Government Gazette dated 2016-10-14 number 40346 part 1
1142.	South Africa Government Gazette dated 2016-10-21 number 40359 part 1
1143.	South Africa Government Gazette dated 2016-10-21 number 40364
1144.	South Africa Government Gazette dated 2016-10-24 number 40368
1145.	South Africa Government Gazette dated 2016-10-28 number 40375 part 1
1146.	South Africa Government Gazette dated 2016-11-04 number 40402 part 1
1147.	South Africa Government Gazette dated 2016-11-11 number 40414 part 1
1148.	South Africa Government Gazette dated 2016-11-18 number 40428 part 1
1149.	South Africa Government Gazette dated 2016-11-25 number 40445 part 1
1150.	South Africa Government Gazette dated 2016-11-28 number 40450
1151.	South Africa Government Gazette dated 2016-11-29 number 40452
1152.	South Africa Government Gazette dated 2016-12-02 number 40464 part 1
1153.	South Africa Government Gazette dated 2016-12-02 number 40468
1154.	South Africa Government Gazette dated 2016-12-07 number 40476
1155.	South Africa Government Gazette dated 2016-12-09 number 40480 part 1
1156.	South Africa Government Gazette dated 2016-12-12 number 40488
1157.	South Africa Government Gazette dated 2016-12-15 number 40496 part 1
1158.	South Africa Government Gazette dated 2016-12-21 number 40518
1159.	South Africa Government Gazette dated 2016-12-30 number 40526
1160.	South Africa Government Gazette dated 2017-01-19 number 40562
1161.	South Africa Government Gazette dated 2017-01-20 number 40552
1162.	South Africa Government Gazette dated 2017-01-27 number 40577 part 1
1163.	South Africa Government Gazette dated 2017-01-27 number 40580
1164.	South Africa Government Gazette dated 2017-02-03 number 40593 part 1
1165.	South Africa Government Gazette dated 2017-02-03 number 40595
1166.	South Africa Government Gazette dated 2017-02-06 number 40597
1167.	South Africa Government Gazette dated 2017-02-10 number 40610 part 1
1168.	South Africa Government Gazette dated 2017-02-17 number 40621 part 1
1169.	South Africa Government Gazette dated 2017-02-17 number 40629
1170.	South Africa Government Gazette dated 2017-02-22 number 40632
1171.	South Africa Government Gazette dated 2017-02-23 number 40641
1172.	South Africa Government Gazette dated 2017-02-24 number 40637
1173.	South Africa Government Gazette dated 2017-02-24 number 40644
1174.	South Africa Government Gazette dated 2017-02-27 number 40646
1175.	South Africa Government Gazette dated 2017-03-03 number 40660 part 1
1176.	South Africa Government Gazette dated 2017-03-10 number 40673 part 1
1177.	South Africa Government Gazette dated 2017-03-14 number 40683
1178.	South Africa Government Gazette dated 2017-03-17 number 40691 part 1
1179.	South Africa Government Gazette dated 2017-03-24 number 40718
1180.	South Africa Government Gazette dated 2017-03-31 number 40733 part 1
1181.	South Africa Government Gazette dated 2017-04-07 number 40774
1182.	South Africa Government Gazette dated 2017-04-07 number 40775
1183.	South Africa Government Gazette dated 2017-04-13 number 40785 part 1
1184.	South Africa Government Gazette dated 2017-04-21 number 40793 part 1
1185.	South Africa Government Gazette dated 2017-05-05 number 40827
1186.	South Africa Government Gazette dated 2017-05-12 number 40840 part 1
1187.	South Africa Government Gazette dated 2017-05-19 number 40847 part 1
1188.	South Africa Government Gazette dated 2017-05-26 number 40860 part 1
1189.	South Africa Government Gazette dated 2017-05-26 number 40864
1190.	South Africa Government Gazette dated 2017-06-02 number 40883 part 1
1191.	South Africa Government Gazette dated 2017-06-02 number 40885
1192.	South Africa Government Gazette dated 2017-06-09 number 40898
1193.	South Africa Government Gazette dated 2017-06-15 number 40919 part 1
1194.	South Africa Government Gazette dated 2017-06-23 number 40930 part 1
1195.	South Africa Government Gazette dated 2017-06-30 number 40945 part 1
1196.	South Africa Government Gazette dated 2017-07-07 number 40965 part 1
1197.	South Africa Government Gazette dated 2017-07-14 number 40978 part 1
1198.	South Africa Government Gazette dated 2017-07-21 number 40996 part 1
1199.	South Africa Government Gazette dated 2017-07-28 number 41009 part 1
1200.	South Africa Government Gazette dated 2017-08-04 number 41024 part 1
1201.	South Africa Government Gazette dated 2017-08-04 number 41027
1202.	South Africa Government Gazette dated 2017-08-11 number 41037
1203.	South Africa Government Gazette dated 2017-08-18 number 41047 part 1
1204.	South Africa Government Gazette dated 2017-08-25 number 41064 part 1
1205.	South Africa Government Gazette dated 2017-09-01 number 41082 part 1
1206.	South Africa Government Gazette dated 2017-09-05 number 41094
1207.	South Africa Government Gazette dated 2017-09-08 number 41100 part 1
1208.	South Africa Government Gazette dated 2017-09-15 number 41114
1209.	South Africa Government Gazette dated 2017-09-22 number 41132 part 1
1210.	South Africa Government Gazette dated 2017-09-29 number 41141 part 1
1211.	South Africa Government Gazette dated 2017-10-06 number 41164 part 1
1212.	South Africa Government Gazette dated 2017-10-06 number 41166
1213.	South Africa Government Gazette dated 2017-10-13 number 41178
1214.	South Africa Government Gazette dated 2017-10-20 number 41186 part 1
1215.	South Africa Government Gazette dated 2017-10-25 number 41194
1216.	South Africa Government Gazette dated 2017-10-27 number 41202 part 1
1217.	South Africa Government Gazette dated 2017-11-03 number 41224 part 1
1218.	South Africa Government Gazette dated 2017-11-10 number 41237 part 1
1219.	South Africa Government Gazette dated 2017-11-17 number 41256 part 1
1220.	South Africa Government Gazette dated 2017-11-17 number 41258
1221.	South Africa Government Gazette dated 2017-11-22 number 41267
1222.	South Africa Government Gazette dated 2017-11-24 number 41270 part 1
1223.	South Africa Government Gazette dated 2017-12-01 number 41287 part 1
1224.	South Africa Government Gazette dated 2017-12-01 number 41293
1225.	South Africa Government Gazette dated 2017-12-08 number 41306 part 1
1226.	South Africa Government Gazette dated 2017-12-15 number 41321 part 1
1227.	South Africa Government Gazette dated 2017-12-22 number 41350 part 1
1228.	South Africa Government Gazette dated 2017-12-29 number 41362 part 1
1229.	South Africa Government Gazette dated 2018-01-26 number 41399 part 1
1230.	South Africa Government Gazette dated 2018-02-02 number 41419 part 1
1231.	South Africa Government Gazette dated 2018-02-02 number 41422
1232.	South Africa Government Gazette dated 2018-02-07 number 41429
1233.	South Africa Government Gazette dated 2018-02-09 number 41432
1234.	South Africa Government Gazette dated 2018-02-16 number 41445 part 1
1235.	South Africa Government Gazette dated 2018-02-23 number 41456
1236.	South Africa Government Gazette dated 2018-02-28 number 41467
1237.	South Africa Government Gazette dated 2018-03-09 number 41488 part 1
1238.	South Africa Government Gazette dated 2018-03-16 number 41498 part 1
1239.	South Africa Government Gazette dated 2018-03-29 number 41534 part 1
1240.	South Africa Government Gazette dated 2018-03-29 number 41547
1241.	South Africa Government Gazette dated 2018-04-20 number 41581
1242.	South Africa Government Gazette dated 2018-04-26 number 41593
1243.	South Africa Government Gazette dated 2018-05-11 number 41621
1244.	South Africa Government Gazette dated 2018-05-18 number 41632 part 1
1245.	South Africa Government Gazette dated 2018-05-25 number 41650 part 1
1246.	South Africa Government Gazette dated 2018-06-01 number 41667
1247.	South Africa Government Gazette dated 2018-06-01 number 41675
1248.	South Africa Government Gazette dated 2018-06-15 number 41704 part 1
1249.	South Africa Government Gazette dated 2018-06-22 number 41722
1250.	South Africa Government Gazette dated 2018-06-29 number 41738
1251.	South Africa Government Gazette dated 2018-07-06 number 41754 part 1
1252.	South Africa Government Gazette dated 2018-07-13 number 41766
1253.	South Africa Government Gazette dated 2018-07-20 number 41781 part 1
1254.	South Africa Government Gazette dated 2018-07-27 number 41796 part 1
1255.	South Africa Government Gazette dated 2018-08-03 number 41811 part 1
1256.	South Africa Government Gazette dated 2018-08-10 number 41827
1257.	South Africa Government Gazette dated 2018-08-10 number 41834
1258.	South Africa Government Gazette dated 2018-08-17 number 41839 part 1
1259.	South Africa Government Gazette dated 2018-08-24 number 41854 part 1
1260.	South Africa Government Gazette dated 2018-08-31 number 41870 part 1
1261.	South Africa Government Gazette dated 2018-09-07 number 41887 part 1
1262.	South Africa Government Gazette dated 2018-09-14 number 41903
1263.	South Africa Government Gazette dated 2018-09-21 number 41913 part 1
1264.	South Africa Government Gazette dated 2018-09-28 number 41928 part 1
1265.	South Africa Government Gazette dated 2018-10-05 number 41955 part 1
1266.	South Africa Government Gazette dated 2018-10-12 number 41970 part 1
1267.	South Africa Government Gazette dated 2018-10-19 number 41982 part 1
1268.	South Africa Government Gazette dated 2018-10-26 number 41996 part 1
1269.	South Africa Government Gazette dated 2018-11-02 number 42010 part 1
1270.	South Africa Government Gazette dated 2018-11-09 number 42021 part 1
1271.	South Africa Government Gazette dated 2018-11-16 number 42037 part 1
1272.	South Africa Government Gazette dated 2018-11-23 number 42053 part 1
1273.	South Africa Government Gazette dated 2018-11-30 number 42068
1274.	South Africa Government Gazette dated 2018-12-06 number 42088
1275.	South Africa Government Gazette dated 2018-12-07 number 42092 part 1
1276.	South Africa Government Gazette dated 2018-12-14 number 42100
1277.	South Africa Government Gazette dated 2018-12-19 number 42123
1278.	South Africa Government Gazette dated 2018-12-21 number 42127 part 1
1279.	South Africa Government Gazette dated 2019-01-25 number 42185
1280.	South Africa Government Gazette dated 2019-02-01 number 42203 part 1
1281.	South Africa Government Gazette dated 2019-02-15 number 42230 part 1
1282.	South Africa Government Gazette dated 2019-02-22 number 42240 part 1
1283.	South Africa Government Gazette dated 2019-02-26 number 42252
1284.	South Africa Government Gazette dated 2019-03-01 number 42258
1285.	South Africa Government Gazette dated 2019-03-01 number 42268
1286.	South Africa Government Gazette dated 2019-03-08 number 42286 part 1
1287.	South Africa Government Gazette dated 2019-03-08 number 42295
1288.	South Africa Government Gazette dated 2019-03-22 number 42323 part 1
1289.	South Africa Government Gazette dated 2019-03-29 number 42337 part 1
1290.	South Africa Government Gazette dated 2019-04-05 number 42380
1291.	South Africa Government Gazette dated 2019-04-12 number 42391 part 1
1292.	South Africa Government Gazette dated 2019-04-26 number 42417 part 1
1293.	South Africa Government Gazette dated 2019-05-03 number 42431
1294.	South Africa Government Gazette dated 2019-05-10 number 42451 part 1
1295.	South Africa Government Gazette dated 2019-05-17 number 42464 part 1
1296.	South Africa Government Gazette dated 2019-05-24 number 42474 part 1
1297.	South Africa Government Gazette dated 2019-05-31 number 42496 part 1
1298.	South Africa Government Gazette dated 2019-06-07 number 42514
1299.	South Africa Government Gazette dated 2019-06-07 number 42519
1300.	South Africa Government Gazette dated 2019-06-14 number 42526
1301.	South Africa Government Gazette dated 2019-06-21 number 42536
1302.	South Africa Government Gazette dated 2019-06-28 number 42545 part 1
1303.	South Africa Government Gazette dated 2019-06-28 number 42554
1304.	South Africa Government Gazette dated 2019-07-05 number 42561
1305.	South Africa Government Gazette dated 2019-07-12 number 42576 part 1
1306.	South Africa Government Gazette dated 2019-07-19 number 42584 part 1
1307.	South Africa Government Gazette dated 2019-08-01 number 42611
1308.	South Africa Government Gazette dated 2019-08-02 number 42608
1309.	South Africa Government Gazette dated 2019-08-08 number 42622
1310.	South Africa Government Gazette dated 2019-08-16 number 42636 part 1
1311.	South Africa Government Gazette dated 2019-08-23 number 42657 part 1
1312.	South Africa Government Gazette dated 2019-08-30 number 42669 part 1
1313.	South Africa Government Gazette dated 2019-09-06 number 42684 part 1
1314.	South Africa Government Gazette dated 2019-09-13 number 42697 part 1
1315.	South Africa Government Gazette dated 2019-09-20 number 42712
1316.	South Africa Government Gazette dated 2019-09-27 number 42725 part 1
1317.	South Africa Government Gazette dated 2019-10-04 number 42739
1318.	South Africa Government Gazette dated 2019-10-10 number 42759
1319.	South Africa Government Gazette dated 2019-10-11 number 42756 part 1
1320.	South Africa Government Gazette dated 2019-10-18 number 42775 part 1
1321.	South Africa Government Gazette dated 2019-10-25 number 42788
1322.	South Africa Government Gazette dated 2019-11-01 number 42812 part 1
1323.	South Africa Government Gazette dated 2019-11-15 number 42839 part 1
1324.	South Africa Government Gazette dated 2019-11-22 number 42849 part 1
1325.	South Africa Government Gazette dated 2019-11-29 number 42861 part 1
1326.	South Africa Government Gazette dated 2019-12-13 number 42902 part 1
1327.	South Africa Government Gazette dated 2019-12-20 number 42915 part 1
1328.	South Africa Government Gazette dated 2019-12-20 number 42920
1329.	South Africa Government Gazette dated 2019-12-27 number 42927
1330.	South Africa Government Gazette dated 2020-01-03 number 42939
1331.	South Africa Government Gazette dated 2020-01-10 number 42946
1332.	South Africa Government Gazette dated 2020-01-31 number 42980 part 1
1333.	South Africa Government Gazette dated 2020-02-07 number 42999 part 1
1334.	South Africa Government Gazette dated 2020-02-14 number 43015 part 1
1335.	South Africa Government Gazette dated 2020-02-21 number 43035
1336.	South Africa Government Gazette dated 2020-02-28 number 43050
1337.	South Africa Government Gazette dated 2020-03-06 number 43073 part 1
1338.	South Africa Government Gazette dated 2020-03-20 number 43110 part 1
1339.	South Africa Government Gazette dated 2020-03-27 number 43145 part 1
1340.	South Africa Government Gazette dated 2020-05-29 number 43358
1341.	South Africa Government Gazette dated 2020-06-05 number 43407
1342.	South Africa Government Gazette dated 2020-06-19 number 43447
1343.	South Africa Government Gazette dated 2020-06-26 number 43474
1344.	South Africa Government Gazette dated 2020-07-03 number 43495 part 1
1345.	South Africa Government Gazette dated 2020-07-10 number 43514
1346.	South Africa Government Gazette dated 2020-08-14 number 43613
1347.	South Africa Government Gazette dated 2020-08-21 number 43632
1348.	South Africa Government Gazette dated 2020-08-28 number 43660
1349.	South Africa Government Gazette dated 2020-08-28 number 43665
1350.	South Africa Government Gazette dated 2020-09-04 number 43686
1351.	South Africa Government Gazette dated 2020-09-11 number 43702
1352.	South Africa Government Gazette dated 2020-09-18 number 43726 part 1
1353.	South Africa Government Gazette dated 2020-10-02 number 43758 part 1
1354.	South Africa Government Gazette dated 2020-10-16 number 43810
1355.	South Africa Government Gazette dated 2020-10-16 number 43815
1356.	South Africa Government Gazette dated 2020-10-23 number 43834 part 1
1357.	South Africa Government Gazette dated 2020-10-30 number 43855
1358.	South Africa Government Gazette dated 2020-11-05 number 43878
1359.	South Africa Government Gazette dated 2020-11-06 number 43872 part 1
1360.	South Africa Government Gazette dated 2020-11-13 number 43900 part 1
1361.	South Africa Government Gazette dated 2020-11-20 number 43913
1362.	South Africa Government Gazette dated 2020-11-27 number 43934 part 1
1363.	South Africa Government Gazette dated 2020-12-04 number 43962 part 1
1364.	South Africa Government Gazette dated 2020-12-11 number 43981 part 1
1365.	South Africa Government Gazette dated 2020-12-18 number 44003
1366.	South Africa Government Gazette dated 2021-01-15 number 44068
1367.	South Africa Government Gazette dated 2021-01-22 number 44086
1368.	South Africa Government Gazette dated 2021-01-29 number 44103 part 1
1369.	South Africa Government Gazette dated 2021-02-05 number 44173 part 1
1370.	South Africa Government Gazette dated 2021-02-12 number 44188 part 1
1371.	South Africa Government Gazette dated 2021-02-26 number 44191 part 1
1372.	South Africa Government Gazette dated 2021-03-05 number 44229 part 1
1373.	South Africa Government Gazette dated 2021-03-05 number 44239
1374.	South Africa Government Gazette dated 2021-03-19 number 44293 part 1
1375.	South Africa Government Gazette dated 2021-03-26 number 44333 part 1
1376.	South Africa Government Gazette dated 2021-04-01 number 44383 part 1
1377.	South Africa Government Gazette dated 2021-04-09 number 44427 part 1
1378.	South Africa Government Gazette dated 2021-04-16 number 44455
1379.	South Africa Government Gazette dated 2021-04-23 number 44469 part 1
1380.	South Africa Government Gazette dated 2021-05-21 number 44593 part 1
1381.	South Africa Government Gazette dated 2021-06-11 number 44701
1382.	South Africa Government Gazette dated 2021-08-20 number 45011
1383.	South Africa Government Gazette dated 2021-09-10 number 45131 part 1
1384.	South Africa Government Gazette dated 2021-10-22 number 45352 part 1
1385.	South Africa Government Gazette dated 2021-12-03 number 45568 part 1
1386.	South Africa Government Gazette dated 2022-01-14 number 45735 part 1
1387.	South Africa Government Gazette dated 2022-03-18 number 46059 part 1
1388.	South Africa Government Gazette dated 2022-04-29 number 46288 part 1
1389.	South Africa Government Gazette dated 2022-07-29 number 47133 part 1
1390.	South Africa Government Gazette dated 2022-09-09 number 46884
1391.	South Africa Government Gazette dated 2022-10-28 number 47373 part 1
1392.	South Africa Government Gazette dated 2022-11-25 number 47559 part 1
1393.	South Africa Government Gazette dated 2022-12-09 number 47665 part 1
1394.	South Africa Government Gazette dated 2023-07-21 number 49011 part 1
1395.	South Africa Government Gazette dated 2023-08-11 number 49108 part 1
1396.	South Africa Government Gazette dated 2023-09-15 number 49309
1397.	South Africa Government Gazette dated 2023-09-27 number 49372
1398.	South Africa Government Gazette dated 2023-11-03 number 49603
1399.	South Africa Government Gazette dated 2023-11-17 number 49720 part 1
1400.	South Africa Government Gazette dated 2023-12-08 number 49833 part 1
1401.	South Africa Government Gazette dated 2023-12-14 number 49863
1402.	South Africa Government Gazette dated 2024-02-09 number 50105 part 1
1403.	Western Cape Provincial Gazette dated 2006-02-03 number 6340
1404.	Western Cape Provincial Gazette dated 2006-04-07 number 6352
1405.	Western Cape Provincial Gazette dated 2006-06-02 number 6362
1406.	Western Cape Provincial Gazette dated 2008-01-25 number 6494
1407.	Western Cape Provincial Gazette dated 2008-09-12 number 6559
1408.	Western Cape Provincial Gazette dated 2008-09-26 number 6563
1409.	Western Cape Provincial Gazette dated 2009-06-12 number 6636
1410.	Western Cape Provincial Gazette dated 2009-11-09 number 6675
1411.	Western Cape Provincial Gazette dated 2010-01-15 number 6687
1412.	Western Cape Provincial Gazette dated 2012-04-05 number 6980
1413.	Western Cape Provincial Gazette dated 2014-01-31 number 7224
1414.	Western Cape Provincial Gazette dated 2014-06-27 number 7282
1415.	Western Cape Provincial Gazette dated 2014-07-11 number 7285
1416.	Western Cape Provincial Gazette dated 2015-06-12 number 7402
1417.	Western Cape Provincial Gazette dated 2016-06-15 number 7633
1418.	Western Cape Provincial Gazette dated 2017-04-13 number 7758
1419.	Western Cape Provincial Gazette dated 2018-06-29 number 7947
1420.	Western Cape Provincial Gazette dated 2018-07-06 number 7952
1421.	Western Cape Provincial Gazette dated 2019-06-28 number 8115
1422.	Western Cape Provincial Gazette dated 2020-07-10 number 8267
1423.	Western Cape Provincial Gazette dated 2021-07-02 number 8458
1424.	Western Cape Provincial Gazette dated 2021-07-23 number 8466
1425.	Western Cape Provincial Gazette dated 2022-06-10 number 8608
1426.	Western Cape Provincial Gazette dated 2022-07-07 number 8627
1427.	Western Cape Provincial Gazette dated 2023-06-23 number 8780
1428.	Western Cape Provincial Gazette dated 2023-06-30 number 8784

Judgment 133

1.	Department of Land Affairs and Others v Goedgelegen Tropical Fruits (Pty) Ltd [2007] ZACC 12 (6 June 2007)	73 citations
2.	City of Johannesburg Metropolitan Municipality v Gauteng Development Tribunal and Others [2010] ZACC 11 (18 June 2010)	43 citations
3.	Alexkor Ltd and Another v Richtersveld Community and Others [2003] ZACC 18 (14 October 2003)	39 citations
4.	De Lange v Smuts NO and Others [1998] ZACC 6 (28 May 1998)	37 citations
5.	Camps Bay Ratepayers and Residents Association and Another v Harrison and Another [2010] ZACC 19 (4 November 2010)	34 citations
6.	Florence v Government of the Republic of South Africa (CCT 127/13) [2014] ZACC 22 (26 August 2014)	30 citations
7.	Molusi and Others v Voges NO and Others [2016] ZACC 6 (1 March 2016)	28 citations
8.	Prinsloo NO and Others v Goldex 15 (Pty) Ltd and Another (243/2011) [2012] ZASCA 28 (28 March 2012)	23 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)	18 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)	18 citations
11.	Tongoane and Others v National Minister for Agriculture and Land Affairs and Others [2010] ZACC 10 (11 May 2010)	16 citations
12.	Chithi and Others ; In re: Luhlwini Mchunu Community v Hancock and Others (423/2020) [2021] ZASCA 123 (23 September 2021)	14 citations
13.	South African Human Rights Commission on behalf of South African Jewish Board of Deputies v Masuku and Another [2022] ZACC 5 (16 February 2022)	10 citations
14.	Land Access Movement of South Africa and Others v Chairperson of the National Council of Provinces and Others [2016] ZACC 22 (28 July 2016)	9 citations
15.	Hlumisa Investment Holdings (RF) Ltd and Another v Kirkinis and Others (1423/2018) [2020] ZASCA 83 (3 July 2020)	8 citations
16.	Khumalo and Another v Twin City Developers (Pty) Ltd and Others (328 of 2017) [2017] ZASCA 143 (2 October 2017)	8 citations
17.	Ndlovu v Ngcobo, Bekker and Another v Jika (1) (136/2002; 240/2001) [2002] ZASCA 87 (30 August 2002)	7 citations
18.	Transvaal Agricultural Union v Minister of Land Affairs and Another [1996] ZACC 22 (18 November 1996)	7 citations
19.	Minister of Rural Development and Land Reform v Normandien Farms (Pty) Ltd and Others, Mathibane and Others v Normandien Farms (Pty) Ltd and Others (370 of 2017) [2017] ZASCA 163 (29 November 2017)	6 citations
20.	Speaker of National Assembly and Another v Land Access Movement of South Africa and Others (CCT 40/15) [2019] ZACC 10 (19 March 2019)	6 citations
21.	Concerned Land Claimants Organisation of Port Elizabeth v Port Elizabeth Land and Community Restoration Association and Others [2006] ZACC 14 (21 September 2006)	5 citations
22.	Crookes Brothers Ltd v Regional Land Claims Commission for the Province of Mpumalanga and Others (590/2011) [2012] ZASCA 128 (21 September 2012)	5 citations
23.	Du Toit v Minister of Transport [2005] ZACC 9 (8 September 2005)	5 citations
24.	Gamevest (Pty) Ltd v Regional Land Claims Commissioner for the Northern Province and Mpumalanga and Others (425/2001) [2002] ZASCA 117 (25 September 2002)	5 citations
25.	Kwalindile Community v King Sabata Dalinyebo Municipality and Others; Zimbane Community v King Sabata Dalinyebo Municipality and Others [2013] ZACC 6 (28 March 2013)	5 citations
26.	Fesi and Another v Trustees Elect of the Ndabeni Communal Property Trust (411 of 2017; 412 of 2017) [2018] ZASCA 33 (27 March 2018)	4 citations
27.	Gongqose and Others v Minister of Agriculture, Forestry and Others, Gongqose and S (1340 of 2016; 287 of 2017) [2018] ZASCA 87 (1 June 2018)	4 citations
28.	Hyprop Invesments Ltd v NSC Carriers and Forwarding CC and Others (935/2012) [2013] ZASCA 169 (27 November 2013)	4 citations
29.	Minister of Rural Development and Land Reform and Another v Phillips (52 of 2016) [2017] ZASCA 1 (22 February 2017)	4 citations
30.	Bakgatla-Ba-Kgafela Communal Property Association v Bakgatla-Ba-Kgafela Tribal Authority and Others [2015] ZACC 25 (20 August 2015)	3 citations
31.	Makhuva-Mathebula Community v Regional Land Claims Commissioner, Limpopo and Another (1106/2018) [2019] ZASCA 157 (28 November 2019)	3 citations
32.	Manok Family Trust v Blue Horison Investment 10 (Pty) Limited and Others (220/2013) [2014] ZASCA 92 (13 June 2014)	3 citations
33.	Mncwabe v President of Republic of South Africa and Others; Mathenjwa v President of Republic of South Africa and Others (CCT 102/22; CCT 120/22) [2023] ZACC 29 (24 August 2023)	3 citations
34.	Salem Party Club and Others v Salem Community and Others [2017] ZACC 46 (11 December 2017)	3 citations
35.	Caledon River Properties (Pty) Ltd t/a Magwa Construction Profteam CC v Special Investigating Unit and Another (GP17/2020) [2022] ZAST 40 (7 September 2022)	2 citations
36.	Delta 200 Properties (Pty) Ltd v Dale and Others (LCC 31/2019) [2020] ZALCC 16 (12 August 2020)	2 citations
37.	Farjas (Pty) Ltd v Minister of Agriculture and Land Affairs of the Republic of South Africa and Others, Rainy Days Farms (Pty) Ltd v Minister of Agriculture and Land Affairs of the Republic of South Africa and Others (753/2011) [2012] ZASCA 173 (29 November 2012)	2 citations
38.	King Sabata Dalindyebo Municipality and Others v KwaLindile Community and Others (537/2011) [2012] ZASCA 96 (1 June 2012)	2 citations
39.	Rajah and Another v Balduzzi (76 of 2017) [2018] ZASCA 57 (16 May 2018)	2 citations
40.	TMT Services & Supplies (Pty) Ltd t/a Traffic Management Technologies v MEC: Department of Transport, Province of KwaZulu-Natal and Others (1059 of 2020) [2022] ZASCA 27 (15 March 2022)	2 citations
41.	Tadvest Industrial (Pty) Ltd formerly known as Old Abland (Pty) Ltd v Hanekom and Others ; Tadvest Industrial (Pty) Ltd formerly known as Old Abland (Pty) Ltd v Jacobs and Others (83/2018) [2019] ZASCA 19 (25 March 2019)	2 citations
42.	Transvaal Agricultural Union v Minister of Agriculture and Land Affairs and Others (91/2003) [2005] ZASCA 12 (23 March 2005)	2 citations
43.	Van den Heever v Minister of Minerals and Energy and Others (150/2014) [2015] ZASCA 19 (19 March 2015)	2 citations
44.	Director-General for the Department of Rural Development and Land Reform and Another v Mwelase and Others; Mwelase and Others v Director-General for the Department of Rural Development and Land Reform and Another (306 of 2017; 314 of 2017) [2018] ZASCA 105 (17 August 2018)	1 citation
45.	Emfuleni Resorts (Pty) Ltd v Mazizini Community and Others (655/2010) [2011] ZASCA 139 (23 September 2011)	1 citation
46.	Goosen and Others v Mont Chevaux Trust (148 of 2015) [2017] ZASCA 89 (6 June 2017)	1 citation
47.	Jazz Spirit 12 (Pty) Limited and Others v Regional Land Claims Commissioner: Western Cape and Others (704/2013) [2014] ZASCA 127 (22 September 2014)	1 citation
48.	Macassar Land Claims Committee v Maccsand CC and Another (201 of 2016) [2016] ZASCA 167 (23 November 2016)	1 citation
49.	Mahlangu NO v Minister of Land Affairs and Others (572/2003) [2004] ZASCA 74 (14 September 2004)	1 citation
50.	Malatji v Ledwaba NO and Others (1136/2019) [2021] ZASCA 29 (30 March 2021)	1 citation
51.	Minister of Agriculture and Land Affairs and Another v De Klerk and Others (747/2012) [2013] ZASCA 142 (30 September 2013)	1 citation
52.	Njemla v KSD Local Municipality (583/2011) [2012] ZASCA 141 (28 September 2012)	1 citation
53.	Prinsloo v Ndebele-Ndzundza Community and Others (106/2004) [2005] ZASCA 59 (31 May 2005)	1 citation
54.	Randfontein Municipality v Grobler and Others (543/2008) [2009] ZASCA 129 (29 September 2009)	1 citation
55.	Richtersveld Community and Others v Alexkor Ltd and Another (488/2001) [2003] ZASCA 14 (24 March 2003)	1 citation
56.	Salem Party Club and Others v Salem Community and Others (20626 of 2014) [2016] ZASCA 203 (13 December 2016)	1 citation
57.	Sandvliet Boerdery (Pty) Ltd v Maria Mampies and Another (107/2018) [2019] ZASCA 100 (8 July 2019)	1 citation
58.	Thobejane and Others v Regional Lands Claim Commissioner for Limpopo and Others (LCC 7 4/2018) [2022] ZALCC 3 (14 February 2022)	1 citation
59.	Wilkinson v Law Society of the Northern Provinces (783 of 2016) [2017] ZASCA 69 (31 May 2017)	1 citation
60.	Abrams v Allie NO and Others (114/2003) [2004] ZASCA 13 (26 March 2004)
61.	Alexkor (Soc) Ltd v Richtersveld Mining Company (Pty) Ltd and Others (964/2016) [2023] ZANCHC 23 (2 June 2023)
62.	Bakgatla Ba Mmakau Traditional Authority v Maloka III (LCC 107/2020) [2020] ZALCC 26 (2 October 2020)
63.	Bakgatla-Ba-Kgafela Communal Property Association v Chief Land Claims Commissioner and Others (LCC08/2021) [2022] ZALCC 20 (8 July 2022)
64.	Baphiring Community and Others v Tshwaranani Projects CC and Others (806/2012) [2013] ZASCA 99 (6 September 2013)
65.	Bisset v Minister of Department of Rural Development and Land Reform and Others (LCC171/2021) [2023] ZALCC 15 (31 March 2023)
66.	Brown v Mbhense and Another (119/2007) [2008] ZASCA 57 (28 May 2008)
67.	Cindi Family v Minister of Rural Development and Land Reform and Others (LCC 115/2008) [2021] ZALCC 1 (19 May 2021)
68.	City of Ekurhuleni Metropolitan Municipality v Unknown Individuals Trespassing and or Attempting to Invade and or Settle on the Immoveable Property Described as Riet-Fontein 153 and Others (2019/25865) [2023] ZAGPJHC 206 (22 February 2023)
69.	Coca-Cola Beverages Africa (Pty) Limited v Competition Commission and Another (CCT 192/22) [2024] ZACC 3 (17 April 2024)
70.	Coleman and Others v Unlawful Occupiers and Others (D5527/2020B) [2023] ZAKZDHC 11 (14 March 2023)
71.	Dalasi Community v Minister of Rural Development and Land Reform and Others (LCC 55/2019) [2020] ZALCC 21 (11 November 2020)
72.	Dangazele and Others v Minister of Agriculture, Land Reform and Rural Development and Others (LCC16/2022) [2022] ZALCC 24 (20 October 2022)
73.	Dangazele and Others v Minister of Agriculture, Land Reform and Rural Development and Others (LCC160/2017) [2022] ZALCC 23 (20 October 2022)
74.	Dhlamini v Loock and Another (676/1998) [2001] ZASCA 26 (19 March 2001)
75.	Dombo Community v Tshakhuma Community Trust and Others (1078 of 2017) [2018] ZASCA 190 (19 December 2018)
76.	Dulce Vita CC v van Coller and Others (192/2012) [2013] ZASCA 22 (22 March 2013)
77.	Emantanjeni Community v Commission on Restitution of Land Rights and Others (LCC 17/2018) [2020] ZALCC 29 (17 August 2020)
78.	Finbond Mutual Bank Limited v Elphas and Others (LCC136/2020) [2023] ZALCC 27 (25 August 2023)
79.	Florence v The Government of the Republic of South Africa (550/2012) [2013] ZASCA 104 (13 September 2013)
80.	Frannero Property Investments 202 (Pty) Ltd v Clement Phuti Selapa and Others (222 of 2020) [2022] ZASCA 61 (29 April 2022)
81.	Friedshelf 325 (Pty) Ltd and Another v Mokwena (652 of 2017) [2018] ZASCA 102 (5 July 2018)
82.	Hlumisa Investment Holdings (RF) Limited and Another v Kirkinis and Others (100390/15) [2018] ZAGPPHC 201 (31 August 2018)
83.	Hlumisa Investment Holdings (RF) Limited and Another v Kirkins and Others (100390/15) [2018] ZAGPPHC 15 (31 August 2018)
84.	Ingonyama Trust v Radebe and Others (9403/2009) [2012] ZAKZPHC 2 (25 January 2012)
85.	Ishmael and Others v Lekgalong Communial Property Association and Others (3892/2021) [2022] ZAFSHC 13 (5 May 2022)
86.	Izaacs v Government of Republic of South Africa and Others (LCC 2018/206) [2023] ZALCC 28 (4 October 2023)
87.	Jacobs v Department of Land Affairs (1284/16; 982/2017) [2019] ZASCA 122 (26 September 2019)
88.	Kgoantha, Molekoa Families and Others v Minister of Agriculture, Land Reform and Rural Development and Others (LCC 139/2019) [2021] ZALCC 5 (30 September 2021)
89.	King Sabata Dalindyebo Municipality v Landmark Mthatha (Pty) Ltd and Another (136/2012) [2013] ZASCA 91 (31 May 2013)
90.	Luhlwini Mchunu Community v Hancock and Others (LCC 121/2017) [2020] ZALCC 1 (27 February 2020)
91.	Lukhele and Another v Mitchell (LCC 36/2020B) [2022] ZALCC 5 (4 March 2022)
92.	Mabhena Land Claim Community v Regional Land Claims Commissioner Mpumalanga Province and Others (LCC40/2019) [2021] ZALCC 31 (6 October 2021)
93.	Maja and Others v Trustees for the time being of Reboile Trust (IT2495/2001) and Others (7805/2020) [2022] ZALMPPHC 8 (10 June 2022)
94.	Makgahlela v Maboi 6 Community Trust (LCC130/2020) [2020] ZALCC 22 (10 November 2020)
95.	Makgoba and Others v Ledwaba NO and Others (54 of 2018) [2018] ZASCA 181 (4 December 2018)
96.	Malangane Community v Minister of Rural Development and Land Reform and Others (LCC 2012/117) [2022] ZALCC 22 (1 September 2022)
97.	Maloka III v Bakgatla Ba Mmakau Traditional Authority and Another (LCC 38/2020) [2020] ZALCC 27 (2 September 2020)
98.	Manenzhe Community v Regional Land Claims Commissioner and Others (LCC144/2019; LCC48/2021) [2022] ZALCC 8 (30 March 2022)
99.	Mangangeni Emmaus Westmead Returners Community Trust and Others v Minister of Rural Development and Land Reform and Others (361/2011) [2012] ZASCA 89 (31 May 2012)
100.	Mathenjwa NO and Others v Magudu Game Company (Pty) Ltd (258/2008) [2009] ZASCA 57 (28 May 2009)
101.	Mazizini Community v Minister of Rural Development and Land Reform and Others (1310/2018) [2020] ZASCA 57 (2 June 2020)
102.	Mdumane Community Trust and Others v Land Claims Commission and Others (LCC 60/2012) [2015] ZALCC 1 (19 November 2015)
103.	Meintjes v Government of the Republic of South Africa (305/2011) [2012] ZASCA 172 (28 November 2012)
104.	Mhlaba v Registrar of Deeds Pietermaritzburg and Others (LCC 116/2021) [2021] ZALCC 14 (1 December 2021)
105.	Minister of Agriculture Land Reform and Rural Development and Others v Ndumo (obo Emdwebu Community) (577/2022) [2023] ZASCA 136 (19 October 2023)
106.	Minister of Defence v Khosis Community and Others (2248/2019) [2024] ZANCHC 19 (5 April 2024)
107.	Moletele Community and Others concerning Certain Farms in the Maruleng Region (LCC 20/2012; LCC 206/2010) [2020] ZALCC 14 (9 July 2020)
108.	Moletele Community and Others v Certain Farms in the Maruleng Region ; Mnisi and Others v Communities/Tribe Members/Families (LCC 20/2012; LCC 206/2010) [2020] ZALCC 12 (3 July 2020)
109.	Moletele Community and Others v Telkom SA SOC Ltd (LCC 20/2012; LCC206/2010) [2020] ZALCC 24 (9 October 2020)
110.	Mpheleng Community Property Association v Mokwana and Others (LCC 31/2021) [2021] ZALCC 4 (1 October 2021)
111.	Mpofana Community Land Claimants (aka Amangwe 2) and Another v Regional Land Claims Commisioner and Others (LCC 164/2021; LCC 164/2021C) [2023] ZALCC 29 (9 October 2023)
112.	Mpofana Community Land Claimants (aka Amangwe 2) and Another v Regional Land Claims Commissioner KwaZulu-Natal Province and Others (LCC 164/2021B) [2023] ZALCC 30 (21 July 2023)
113.	N'wandlamharhi Communal Property Association and Another v Westcott and Others (401/2021) [2022] ZASCA 129 (3 October 2022)
114.	Ngqonga and Others v Nkonki (CA 27 of 2021) [2022] ZAECMHC 12 (13 June 2022)
115.	Niehaus v Regional Land Claims Commissioner and Others (116/2014) [2015] ZASCA 51 (27 March 2015)
116.	Nyavana Traditional Authority v MEC for Limpopo Department of Agriculture and Others (LCC 2010/220) [2020] ZALCC 23 (19 October 2020)
117.	N’Wandlamhari Communal Property Association and Another v Department of Agriculture, Land Reform and Rural Development (LCC89/2019; LCC89/2019B) [2022] ZALCC 13 (18 May 2022)
118.	N’Wandlamhari Communal Property Association and Another v Mathebula and Others (LCC 89/2019) [2023] ZALCC 23 (10 August 2023)
119.	Pillay NO v Government of Republic of South Africa and Others (LCC 2019/42) [2022] ZALCC 21 (24 June 2022)
120.	Popela Community and Others v Goedgelegen Tropical Fruits ((Pty) Ltd (441/2005) [2006] ZASCA 170 (28 September 2006)
121.	Rademeyer v Viljoen and Another (69/2011) [2011] ZASCA 189 (3 November 2011)
122.	Ramorula Community and Another v Regional Land Claims Commissioner, Limpopo and Others (LCC46/2010) [2023] ZALCC 9 (31 May 2023)
123.	Rooyendal (Pty) Ltd v The Minister of Land Affairs (20049/2014) [2015] ZASCA 108 (21 August 2015)
124.	Sappi Southern Africa Ltd and Another v Regional Land Claims Commissioner Mpumalanga and Others (LCC105/2020) [2022] ZALCC 25 (26 October 2022)
125.	Selwane v Majeje Traditional Authority (LCC 114/2021) [2021] ZALCC 10 (30 July 2021)
126.	Silinda NO and Others v Makhubela and Others (57206/2010) [2017] ZAGPPHC 99 (16 November 2017)
127.	Silwane Community Development Trust v Regional Land Claims Commissioner, Kwazulu-Natal and Others (900/2019) [2021] ZASCA 2 (7 January 2021)
128.	Sokhela and Another v Mhlungu and Another (LCC41/2019; LCC41/2019C) [2023] ZALCC 21 (19 July 2023)
129.	Sustaining the Wild Coast NPC and Others v Minister of Mineral Resources and Energy and Others (3491/2021) [2022] ZAECGHC 45 (1 September 2022)
130.	Thobejane and Others v Regional Lands Claim Commissioner for Limpopo and Others (LCC 74/2018) [2022] ZALCC 18 (17 June 2022)
131.	Van Rooi and Another v Izinyoni Trading 271 (Pty) Ltd and Another (LCC 2022/73) [2023] ZALCC 24 (17 August 2023)
132.	Wildbeesfontein Evaton Community Claimants v Regional Land Claims Commissioner Gauteng and North West Provinces and Others (LCC 124/2013) [2021] ZALCC 8 (4 August 2021)
133.	Zimbane Land Claim Committee v Eastern Cape Development Corporation and Others (LCC42/2022C) [2022] ZALCC 10 (28 April 2022)

Legislation 13

1.	Income Tax Act, 1962	1599 citations
2.	National Environmental Management: Protected Areas Act, 2003	629 citations
3.	Prevention and Combating of Corrupt Activities Act, 2004	362 citations
4.	National Forests Act, 1998	209 citations
5.	Extension of Security of Tenure Act, 1997	167 citations
6.	Customer Care and Revenue Management	2 citations
7.	Credit Control, Tariffs and Debt Collection
8.	Land Claims Court Rules, 1997
9.	Legal Aid of South Africa Regulations, 2017
10.	Property Rates
11.	Property Rates
12.	Rates
13.	Revenue

Restitution of Land Rights Act, 1994

Taxonomies

Related documents

Restitution of Land Rights Act, 1994

Act 22 of 1994

Chapter IIntroductory provisions

1. Definitions

2. Entitlement to restitution

3. Claims against nominees

Chapter IICommission on Restitution of Land Rights

4. Establishment of Commission on Restitution of Land Rights

5. Meetings of Commission

6. General functions of Commission

7. Delegation of powers and performance of functions

8. Performance of work of Commission

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

10. Lodgement of claims and representation of community

11. Procedure after lodgement of claim

11A. Withdrawal or amendment of notice of claim

12. Commission’s power of investigation

13. Mediation

14. Referral of claims to Court

15. ***

16. Rules regarding procedure of Commission

17. Offences and penalties

18. Limitation of liability

19. Expenditure of Commission

20. Annual estimates of expenditure

21. Annual report

Chapter IIIThe Land Claims Court

22. Land Claims Court

23. Qualifications of judges of Court

24. ***

25. Holding of office

26. Remuneration and conditions of employment of judges

26A. Secondment of judges and appointment of acting judges to Land Claims Court

27. Appointment of assessors

28. Seat and hearings of Court

28A. Seals of Court

28B. Proceedings to be conducted in open court

28C. Reference of particular matters for investigation by referee

28D. No process to be issued against judge of Court except with consent of court

28E. Judgment by default

28F. Manner of securing attendance of witnesses or production of any document or thing in proceedings before Court

28G. Manner in which witnesses may be dealt with on refusal to give evidence or produce any document or thing

28H. Examination by interrogatories of persons whose evidence is required in proceedings before Court

28I. Appointment of officers of Court

28J. Finances and accountability

28K. Scope and execution of process of Court

28L. Offences relating to execution

28M. Witness fees

28N. Powers of Court on hearing of appeals

28O. Application of provisions of this Chapter in respect of performance by Court of its functions under other legislation

29. Intervention to proceedings before Court, right to appear and legal representation

30. Admissibility of evidence

31. Pre-trial conference

32. Rules governing procedure

33. Factors to be taken into account by Court

34. Ruling by Court on restoration before final determination of claim

35. Court orders

35A. Mediation

36. Review of decisions of Commission

37. Appeals from Court

38. Decisions of Court a matter of public record

Chapter IIIADirect access to Court

38A. Definitions

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

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

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

38E. Additional powers of Court

Chapter IVMiscellaneous provisions

39. Register of public land

40. Regulations

41. Repeal of laws, and savings

42. Transfer duty and fees

42A. Registration of land in name of claimant

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

42C. Financial aid

42D. Powers of Minister in case of certain agreements

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

Chapter I
Introductory provisions

Chapter II
Commission on Restitution of Land Rights

Chapter III
The Land Claims Court

Chapter IIIA
Direct access to Court

Chapter IV
Miscellaneous provisions