RESTITUTION OF LAND RIGHTS ACT 22 OF 1994

(Afrikaans text signed by the President) [Assented To: 17 November 1994] [Commencement Date: 2 December 1994] as amended by: Restitution of Land Rights Amendment Act 84 of 1995 Land Restitution and Reform La s Amendment Act !8 of 199" Land Restitution and Reform La s Amendment Act "# of 199! Land Affairs $enera% Amendment Act "1 of 1998 Land Restitution and Reform La s Amendment Act 18 of 1999 Land Affairs $enera% Amendment Act 11 of &''' Restitution of Land Rights Amendment Act 48 of &''# Pub%ic (er)ice Amendment Act #' of &''!
* ith effect from 1 A+ri% &''8,

ACT To 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 estitution of !and ights and a !and Claims Court; and to provide for matters connected therewith"
*Long tit%e substituted by s- #1 of Act "#.9!,

#$% %A& the Constitution of the epublic of &outh Africa' 199( )Act *o" 1+, of 199(-' provides for restitution of property or e.uitable redress to a person or community dispossessed of property after 19 June 1913 as a result of past racially discriminatory laws or practices; A*/ #$% %A& legislative measures designed to protect or advance persons' or categories of persons' disadvantaged by unfair discrimination may be ta0en to promote the achievement of e.uality;
*Preamb%e substituted by s- 1 of Act "#.9!,

A*1%2%*T 34 &%CT53*&

C$A6T% 5 5*T 3/7CT3 8 6 395&53*& 1&#/efinitions 0ntit%ement to restitution 1%aims against nominees C$A6T% 55

C3225&&53* 3* %&T5T7T53* 34 !A*/ 51$T& 45"!89basis 1'1111A1&1#14151"1!1819&'&10stab%ishment of 1ommission on Restitution of Land Rights 2eetings of 1ommission $enera% functions of 1ommission /e%egation of +o ers and +erformance of functions Performance of ork of 1ommission A++ointment of +ersons or organisations to assist 1ommission on ad hoc Lodgement of c%aims Procedure after %odgement of c%aim 3ithdra a% or amendment of notice of c%aim 1ommission4s +o er of in)estigation 2ediation Referra% of c%aims to 1ourt 555Ru%es regarding +rocedure of 1ommission 6ffences and +ena%ties Limitation of %iabi%ity 0x+enditure of 1ommission Annua% estimates of ex+enditure Annua% re+ort C$A6T% 555 T$% !A*/ C!A52& C37 T &&Land 1%aims 1ourt &#7ua%ifications of 8udges of 1ourt &4555&59o%ding of office &"Remuneration and conditions of em+%oyment of 8udges &"A- (econdment of 8udges and a++ointment of acting 8udges to Land 1%aims 1ourt &!A++ointment of assessors &8(eat and hearings of 1ourt &8A- (ea%s of 1ourt &8:- Proceedings to be conducted in o+en court &81- Reference of +articu%ar matters for in)estigation by referee &8/- ;o +rocess to be issued against 8udge of 1ourt exce+t ith consent of court &80- <udgment by defau%t &8=- 2anner of securing attendance of itnesses or +roduction of any document or thing in +roceedings before 1ourt &8$- 2anner in hich itnesses may be dea%t ith on refusa% to gi)e e)idence or +roduce any document or thing &89- 0xamination by interrogatories of +ersons hose e)idence is re>uired in +roceedings before 1ourt &8?- A++ointment of officers of 1ourt

&8<- =inances and accountabi%ity &8@- (co+e and execution of +rocess of 1ourt &8L- 6ffences re%ating to execution &82- 3itness fees &8;- Po ers of 1ourt on hearing of a++ea%s &86- A++%ication of +ro)isions of this 1ha+ter in res+ect of +erformance by 1ourt of its functions under other %egis%ation &9?nter)ention to +roceedings before 1ourtA right to a++ear and %ega% re+resentation #'Admissibi%ity of e)idence #1PreBtria% conference #&Ru%es go)erning +rocedure ##=actors to be taken into account by 1ourt #4Ru%ing by 1ourt on restoration before fina% determination of c%aim #51ourt orders #5A- 2ediation #"Re)ie of decisions of 1ommission #!A++ea%s from 1ourt #8/ecisions of 1ourt a matter of +ub%ic record C$A6T% 555A /5 %CT ACC%&& T3 C37 T #8A#8:#81#8/#80/efinitions A++%ication to 1ourt for restitution of right in %and Re+orts by regiona% %and c%aims commissioner or /irectorB$enera% Cime %imit for a++%ications for %ea)e to inter)ene under certain circumstances Additiona% +o ers of 1ourt C$A6T% 59 25&C%!!A*%37& 6 395&53*& #94'414&4&A4&:4&14&/4&04#Register of +ub%ic %and Regu%ations Re+ea% of %a sA and sa)ings Cransfer duty and fees Registration of %and in name of c%aimant 1ertain %a s not a++%icab%e in res+ect of %and restored or a arded =inancia% aid Po ers of 2inister in case of certain agreements Ac>uisition of %andA +ortion of %and or right in %and for %and reform +ur+oses (hort tit%e and commencement C$A6T% 5 5*T 3/7CT3 8 6 395&53*&

1"

/efinitions ?n this ActA un%ess the context indicates other ise B :claim; means B (a) (b) any c%aim for restitution of a right in %and %odged ith the 1ommission in terms of this ActD or any a++%ication %odged ith the registrar of the 1ourt in terms of 1ha+ter ???A for the +ur+ose of c%aiming restitution of a right in %andD
*/efinition of Ec%aimF substituted by s- & of Act "#.9!,

:claimant; means any +erson ho has %odged a c%aimD

*/efinition of Ec%aimantF substituted by s- & of Act "#.9!,

:Commission; means the 1ommission on Restitution of Land Rights estab%ished by section 4D :community; means any grou+ of +ersons hose rights in %and are deri)ed from shared ru%es determining access to %and he%d in common by such grou+A and inc%udes +art of any such grou+D :Court; means the Land 1%aims 1ourt estab%ished by section &&D :day;' in the com+utation of any +eriod of time ex+ressed in daysA means any day hich is not a (aturdayA (unday or +ub%ic ho%iday and hich does not fa%% ithin the +eriod &4 /ecember to & <anuaryD
*/efinition of EdayF inserted by s- 1 of Act !8.9",

:direct descendant; of a +erson inc%udes the s+ouse or +artner in a customary union of such +erson hether or not such customary union has been registeredD :e.uitable redress; means any e>uitab%e redressA other than the restoration of a right in %andA arising from the dis+ossession of a right in %and after 19 <une 191# as a resu%t of +ast racia%%y discriminatory %a s or +racticesA inc%uding B (a) (b) the granting of an a++ro+riate right in a%ternati)e stateBo ned %andD the +ayment of com+ensationD
*/efinition of Ee>uitab%e redressF inserted by s- & of Act "#.9!,

:$igh Court; means any 9igh 1ourt referred to in section 1""(c) of the 1onstitutionA exc%uding a high court of a++ea%D
*/efinition of E9igh 1ourtF inserted by s- & of Act "#.9!,

:2inister; means the 2inister of Land Affairs or an officer in his or her de+artment designated by him or herD :organisation; means any association of +ersonsA incor+orated or unincor+oratedA registered in terms of a %a or unregistered and a%so any branchA section or committee of such association or any %oca%A regiona% or subsidiary body hich forms +art of such associationD
*/efinition of EorganisationF inserted by s- 1 of Act !8.9",

:organ of state; means an organ of state as defined in section &#9 of the 1onstitutionD
*/efinition of Eorgan of stateF inserted by s- & of Act "#.9!,

:person; inc%udes a community or +art thereofD :prescribed; means +rescribed by or under this ActD :presiding <udge;A in re%ation to a hearing before more than one 8udgeA means the 8udge designated as such by the President of the 1ourtD
*/efinition of E+residing 8udgeF inserted by s- 1 of Act !8.9",

:public land; means a%% %and o ned by any organ of stateA and inc%udes %and o ned by the Land :ank and any institution in hich the (tate is the ma8ority or contro%%ing shareho%derD
*/efinition of E+ub%ic %andF substituted by s- & of Act "#.9!,

:racially discriminatory laws; inc%ude %a s made by any s+here of go)ernment and subordinate %egis%ationD
*/efinition of Eracia%%y discriminatory %a sF inserted by s- & of Act "#.9!,

:racially discriminatory practices; means racia%%y discriminatory +racticesA acts or omissionsA direct or indirectA by B (a) (b) any de+artment of state or administration in the nationa%A +ro)incia% or %oca% s+here of go)ernmentD any other functionary or institution hich exercised a +ub%ic +o er or +erformed a +ub%ic function in terms of any %egis%ationD
*/efinition of Eracia%%y discriminatory +racticesF inserted by s- & of Act "#.9!,

:restitution of a right in land; means B (a) (b) the restoration of a right in %andD or e>uitab%e redressD
*/efinition of Erestitution of a right in %andF inserted by s- & of Act "#.9!,

:restoration of a right in land; means the return of a right in %and or a +ortion of %and dis+ossessed after 19 <une 191# as a resu%t of +ast racia%%y discriminatory %a s or +racticesD
*/efinition of Erestoration of a right in %andF inserted by s- & of Act "#.9! and substituted by s- 1 of Act 18.99,

:right in land; means any right in %and hether registered or unregisteredA and may inc%ude the interest of a %abour tenant and sharecro++erA a customary %a interestA the interest of a beneficiary under a trust arrangement and beneficia% occu+ation for a continuous +eriod of not %ess than 1' years +rior to the dis+ossession in >uestionD :the Constitution; means the 1onstitution of the Re+ub%ic of (outh AfricaA 199" (Act ;o- 1'8 of 199")D
*/efinition of Ethe 1onstitutionF inserted by s- & of Act "#.9!,

:&upreme Court; 555*/efinition of E(u+reme 1ourtF de%eted by s- & of Act "#.9!,

:the rules; means the ru%es made under sections 1" and #&D :this Act; inc%udes the ru%es and the regu%ations made under section 4'=" (1) %ntitlement to restitution A +erson sha%% be entit%ed to restitution of a right in %and if B (a) (b) (c) he or she is a +erson dis+ossessed of a right in %and after 19 <une 191# as a resu%t of +ast racia%%y discriminatory %a s or +ractices D or it is a deceased estate dis+ossessed of a right in %and after 19 <une 191# as a resu%t of +ast racia%%y discriminatory %a s or +racticesD or he or she is the direct descendant of a +erson referred to in +aragra+h (a) ho has died ithout %odging a c%aim and has no ascendant ho B (i) (ii) (d) is a direct descendant of a +erson referred to in +aragra+h (a)D and has %odged a c%aim for the restitution of a right in %andD or

it is a community or +art of a community dis+ossessed of a right in %and after 19 <une 191# as a resu%t of +ast racia%%y discriminatory %a s or +racticesD and the c%aim for such restitution is %odged not %ater than #1 /ecember 1998-

(e)

(&)

;o +erson sha%% be entit%ed to restitution of a right in %and if B (a) (b) 8ust and e>uitab%e com+ensation as contem+%ated in section &5(#) of the 1onstitutionD or any other consideration hich is 8ust and e>uitab%eA

ca%cu%ated at the time of any dis+ossession of such rightA as recei)ed in res+ect of such dis+ossession(#) ?f a natura% +erson dies after %odging a c%aim but before the c%aim is fina%ised and B (a) %ea)es a i%% by hich the right or e>uitab%e redress c%aimed has been dis+osed ofA the executor of the deceased estateA in his or her ca+acity as the re+resentati)e of the estateA a%one orA fai%ing the executorA the heirs of the deceased a%oneD or does not %ea)e a i%% contem+%ated in +aragra+h (a)A the direct descendants a%oneA

(b)

may be substituted as c%aimant or c%aimants(4) ?f there is more than one direct descendant ho ha)e %odged c%aims for and are entit%ed to restitutionA the right or e>uitab%e redress in >uestion sha%% be di)ided not according to the number of indi)idua%s but by %ines of successionClaims against nominees (ub8ect to the +ro)isions of this Act a +erson sha%% be entit%ed to c%aim tit%e in %and if such c%aimant or hisA her or its antecedent B (a) as +re)ented from obtaining or retaining tit%e to the c%aimed %and because of a %a hich ou%d ha)e been inconsistent ith the +rohibition of racia% discrimination contained in section 9(#) of the 1onstitution had that subsection been in o+eration at the re%e)ant timeD and
*Para- (a) substituted by s- 4 of Act "#.9!,

*(- & amended by s- & of Act !8.9" and substituted by s- # of Act "#.9! and s- & of Act 18.99,

3"

(b)

+ro)es that the registered o ner of the %and ho%ds tit%e as a resu%t of a transaction bet een such registered o ner or hisA her or its antecedents and the c%aimant or hisA her or its antecedentsA in terms of hich such registered o ner or hisA her or its antecedents he%d the %and on beha%f of the c%aimant or hisA her or its antecedentsC$A6T% 55

C3225&&53* 3* %&T5T7T53* 34 !A*/ 51$T& >" (1) (&) (#) %stablishment of Commission on estitution of !and ights Chere is hereby estab%ished a commission to be kno n as the 1ommission on Restitution of Land RightsChe 1ommission sha%% ha)e a head office and such other officesA ith such areas of 8urisdictionA as the 2inister may determineChe 1ommission sha%% consist of a 1hief Land 1%aims 1ommissioner a++ointed by the 2inisterA after in)iting nominations from the genera% +ub%icA a /e+uty Land 1%aims 1ommissioner simi%ar%y a++ointed and as many regiona% %and c%aims commissioners as may be a++ointed by the 2inisterChe 1hief Land 1%aims 1ommissionerA the /e+uty Land 1%aims 1ommissioner and a regiona% %and c%aims commissionerA sha%% B (a) (b) (c) be fit and +ro+er +ersons to ho%d such officesD be (outh African citiGensD and ha)e ski%%s and kno %edge re%e)ant to the ork of the 1ommission or such %ega% kno %edge or >ua%ifications as the 2inister may deem necessary-

(4)

(5)

Che 2inister may terminate any a++ointment made under subsection (#) B (a) (b) if he or she is satisfied that such a++ointed +erson no %onger com+%ies ith the re>uirements of subsection (4)D or if the a++ointed +erson re>uests the 2inister in riting to terminate the a++ointment2eetings of Commission

?" (1) (&) (#) (4)

Che 1ommission sha%% meet at %east three times each year2eetings of the 1ommission sha%% be he%d at the time and +%ace determined by the 1hief Land 1%aims 1ommissionerChe ma8ority of the members of the 1ommission sha%% form a >uorum for a meeting of the 1ommissionChe decision of the ma8ority of the members of the 1ommission +resent at any meeting thereof sha%% be a decision of the 1ommissionH Pro)ided thatA in

the e)ent of an e>ua%ity of )otesA the 1hief Land 1%aims 1ommissioner sha%% ha)e a casting )ote in addition to his or her de%iberati)e )ote(" (1) 1eneral functions of Commission Che 1ommission sha%%A at a meeting or through the 1hief Land 1%aims 1ommissionerA a regiona% %and c%aims commissioner or a +erson designated by any such commissioner B (a) sub8ect to the +ro)isions of section &A recei)e and ackno %edge recei+t of a%% c%aims for the restitution of rights in %and %odged ith or transferred to it in terms of this ActD take reasonab%e ste+s to ensure that c%aimants are assisted in the +re+aration and submission of c%aimsD ad)ise c%aimants of the +rogress of their c%aims at regu%ar inter)a%s and u+on reasonab%e re>uestD

(b) (c)

(cA) in)estigate the merits of c%aims contem+%ated in +aragra+h (a)D (c:) mediate and sett%e dis+utes arising from such c%aimsD (d) (e) sub8ect to the +ro)isions of section 14A re+ort to the 1ourt on the terms of sett%ement in res+ect of successfu%%y mediated c%aimsD define any issues hich may sti%% be in dis+ute bet een the c%aimants and other interested +arties ith a )ie to ex+editing the hearing of c%aims by the 1ourtD

(eA) dra u+ re+orts on unsett%ed c%aims for submission as e)idence to the 1ourt and +resent any other re%e)ant e)idence to the 1ourtD (f) at regu%ar inter)a%sA take a++ro+riate ste+s to make +ub%ic information regarding the +ersons entit%ed to c%aim restitution of rights in %andA the %imitations im+osed by section &A and the manner in hich c%aims may be %odged ith the 1ommission*(ubs- (1) substituted by s- 5 of Act "#.9!,

(&)

Che 1ommission mayA at a meeting or through the 1hief Land 1%aims 1ommissionerA a regiona% %and c%aims commissioner or a +erson designated by any such commissioner B (a) monitor and make recommendations concerning the im+%ementation of orders made by the 1ourt under section #5D

(b)

make recommendations or gi)e ad)ice to the 2inister regarding the most a++ro+riate form of a%ternati)e re%iefA if anyA for those c%aimants ho do not >ua%ify for the restitution of rights in %and in terms of this ActD on notice to interested +artiesA a++%y to the 1ourt for a dec%aratory order on a >uestion of %a as contem+%ated in section &&(1)(cA)D
*Para- (c) substituted by s- # of Act !8.9",

(c)

(d)

ensure that +riority is gi)en to c%aims hich affect a substantia% number of +ersonsA or +ersons ho ha)e suffered substantia% %osses as a resu%t of dis+ossession or +ersons ith +articu%ar%y +ressing needsD genera%%yA do anything necessari%y connected ith or reasonab%y incidenta% to the ex+editious fina%isation of c%aims-

(e) (#)

3here the regiona% %and c%aims commissioner ha)ing 8urisdiction or and interested +arty has reason to be%ie)e that the sa%eA exchangeA donationA %easeA subdi)isionA reGoning or de)e%o+ment of %and hich may be the sub8ect of any order of the 1ourtA or in res+ect of hich a +erson or community is entit%ed to c%aim restitution of a right in %andA i%% defeat the achie)ement of the ob8ects of this ActA he or she may B (a) (b) after a c%aim has been %odged in res+ect of such %andD and after the o ner of the %and has been notified of such c%aim and referred to the +ro)isions of this subsectionD

on reasonab%e notice to interested +artiesA a++%y to the 1ourt for an interdict +rohibiting the sa%eA exchangeA donationA %easeA subdi)isionA reGoning or de)e%o+ment of the %andA and the 1ourt mayA sub8ect to such terms and conditions and for such +eriod as it may determineA grant such an interdict or make any other order it deems fit*(ubs- (#) added by s- # of Act !8.9" and substituted by s- 5 of Act "#.9!,

@" (1)

/elegation of powers and performance of functions Che 1ommission may de%egate any +o er conferred u+on it by or under this Act to a subcommittee of the 1ommission or to a member of the 1ommission or to a +erson contem+%ated in section 8 or 9 sub8ect to such directions or conditions as the 1ommission may gi)e or determine from time to timeH Pro)ided that the +o ers referred to in section "(&)(b)A (c) and (d) may not be de%egatedChe 1hief Land 1%aims 1ommissioner may de%egate any +o er conferred u+on him or her by or under this Act exce+t the +o er of de%egation to the

(&)

/e+uty Land 1%aims 1ommissioner or any regiona% %and c%aims commissionerA either genera%%y or ith regard to a s+ecific c%aim(&A) Che /irectorB$enera% of Land Affairs may de%egate any +o er conferred u+on him or her by or under this Act exce+t the +o er of de%egation to any member of the 1ommissionA any officer of the (tate or any +erson contem+%ated in section 9*(ubs- (&A) inserted by s- # of Act 18.99,

(&:) A regiona% %and c%aims commissioner may in consu%tation ith the 1hief Land 1%aims 1ommissioner and the /irector $enera% of Land Affairs de%egate any +o er conferred u+on him or her by or under this Act exce+t the +o er of de%egation to any other member of the 1ommissionA any officer of the (tate or any +erson contem+%ated in section 9*(ubs- (&:) inserted by s- # of Act 18.99,

(#)

?f the office of the 1hief Land 1%aims 1ommissioner is )acant or if the 1hief Land 1%aims 1ommissioner is absent or unab%e to +erform any or a%% of his or her functionsA the /e+uty Land 1%aims 1ommissioner sha%% act in his or her stead and hi%st the /e+uty Land 1%aims 1ommissioner so actsA he or she sha%% +erform a%% the functions of the 1hief Land 1%aims 1ommissioner*(ubs- (#) substituted by s- # of Act 18.99,

(#A) ?f the office of a regiona% %and c%aims commissioner is )acant or if a regiona% %and c%aims commissioner is absent or unab%e to +erform any or a%% of his or her functionsA an acting regiona% %and c%aims commissioner a++ointed by the 2inister sha%% act in his or her stead and hi%st the acting regiona% %and c%aims commissioner so actsA he or she sha%% +erform a%% the functions of the regiona% %and c%aims commissioner*(ubs- (#A) inserted by s- # of Act 18.99,

(4)

A regiona% %and c%aims commissioner mayA instead of +erforming any function in any +articu%ar caseA refer the matter to the 1ommission for the 1ommission to +erform such function at a meeting contem+%ated in section 56erformance of wor0 of Commission

," (1)

Che ork incidenta% to the +erformance of the functions of the 1ommission sha%% be +erformed by officers a++ointed and seconded to the 1ommission in terms of the +ro)isions of the Pub%ic (er)ice ActA 1994 (Proc%amation ;o1'# of 1994)A and designated in genera% or for a s+ecific +ur+ose by the 2inister after consu%tation ith the 1ommission?n making a designation in terms of subsection (1)A the 2inister and the 1ommission sha%% seek to ensure that the staff of the 1ommission sha%% be broad%y re+resentati)e of the (outh African +o+u%ation-

(&)

(#)

/esignated officers sha%% +erform their functions under the contro% and su+er)ision of the 1hief Land 1%aims 1ommissioner or regiona% %and c%aims commissionerA as the case may be*(- 8 substituted by s- & of Act "1.98,

9" hoc basis (1)

Appointment of persons or organisations to assist Commission on ad Che 1hief Land 1%aims 1ommissioner may from time to time B (a) a++oint one or more +ersons or organisations ith +articu%ar kno %edge or s+ecific ex+ertise re%e)ant to the achie)ement of the 1ommission4s ob8ects to ad)ise the 1ommission regarding any matter connected ith the +erformance of its functionsD a++oint one or more +ersons or organisations ith s+ecific ex+ertise in re%ation to dis+ute reso%ution to faci%itate meetings of interested +artiesA mediate and sett%e dis+utesA and re+ort to the 1ommission in riting on the outcome of such negotiationsD re>uest any go)ernment de+artmentA +ro)incia% administrationA %oca% authority or +erson in the ser)ice of the (tateA a +ro)incia% administration or %oca% authority ho has +articu%ar kno %edge or s+ecific ex+ertise to ad)ise the 1ommission regarding any matter connected ith the +erformance of its functions-

(b)

(c)

(&)

Payment for the ser)ices rendered by a +erson a++ointed in terms of subsection (1) ho is not in the fu%%Btime ser)ice of the (tate or an organisation a++ointed in terms of subsection (1) in hich the (tate has no materia% financia% interest sha%% be made from moneys a++ro+riated by Par%iament for this +ur+ose and sha%% be determined by the 2inister in consu%tation ith the 2inister of =inance*(- 9 substituted by s- 4 of Act !8.9",

1+"

!odgement of claims (1) Any +erson ho or the re+resentati)e of any community hich is entit%ed to c%aim restitution of a right in %andA may %odge such c%aimA hich sha%% inc%ude a descri+tion of the %and in >uestionA the nature of the right in %and of hich heA she or such community as dis+ossessed and the nature of the right or e>uitab%e redress being c%aimedA on the form +rescribed for this +ur+ose by the 1hief Land 1%aims 1ommissioner under section 1"Che 1ommission sha%% make c%aim forms a)ai%ab%e at a%% its offices?f a c%aim is %odged on beha%f of a community the basis on hich it is contended that the +erson submitting the form re+resents such communityA

(&) (#)

sha%% be dec%ared in fu%% and any a++ro+riate reso%ution or document su++orting such contention sha%% accom+any the form at the time of %odgementH Pro)ided that the regiona% %and c%aims commissioner ha)ing 8urisdiction in res+ect of the %and in >uestion may +ermit such reso%ution or document to be %odged at a %ater stage(4) ?f there is any dis+ute as to ho %egitimate%y re+resents a community for the +ur+oses of any c%aim under this ActA the regiona% %and c%aims commissioner ha)ing 8urisdiction may in the manner +rescribed in ru%es made by the 1hief Land 1%aims 1ommissioner in terms of section 1"A in order to ha)e a +erson or +ersons e%ected to re+resent the community B (a) (b) (c) (5) (") take ste+s for dra ing u+ a %ist of the names of the members of the communityD direct that a meeting of such community be con)ened and an e%ection be he%d at that meetingD take such other ste+s as may be reasonab%y necessary for the e%ection-

?n any e%ection in terms of subsection (4) a%% members of the community of 18 years or o%der sha%% be entit%ed to )ote?n making the ru%es contem+%ated in subsection (4)A the 1hief Land 1%aims 1ommissioner sha%% ha)e regard to the cu%tura% )a%ues of the community*(- 1' substituted by s- " of Act "#.9!,

11"

6rocedure after lodgement of claim (1) ?f the regiona% %and c%aims commissioner ha)ing 8urisdiction is satisfied that B (a) (b) (c) the c%aim has been %odged in the +rescribed mannerD the c%aim is not +rec%uded by the +ro)isions of section &D and the c%aim is not fri)o%ous or )exatiousA

he or she sha%% cause notice of the c%aim to be +ub%ished in the Gazette and sha%% take ste+s to make it kno n in the district in hich the %and in >uestion is situated*(ubs- (1) amended by s- 5 of Act !8.9" and substituted by s- 4 of Act 18.99,

(&)

Che regiona% %and c%aims commissioner concerned mayA on such conditions as he or she may determineA condone the fact that a c%aim has not been %odged in the +rescribed manner-

(#) (4)

A fri)o%ous or )exatious c%aim may be dismissed by the regiona% %and c%aims commissioner concerned?f the regiona% %and c%aims commissioner decides that the criteria set out in +aragra+hs (a)A (b) and (c) of subsection (1) ha)e not been metA he or she sha%% ad)ise the c%aimant according%yA and of the reasons for such decision*(ubs- (4) substituted by s- 4 of Act 18.99,

(5)

(a) ?f after an order has been made by the 1ourt as contem+%ated in section #5 or an agreement has been entered into as contem+%ated in section 14(#) or 4&/A it is sho n that another c%aim as %odged in terms of this Act in res+ect of the %and to hich the order or agreement re%atesA any interested +arty may a++%y to the 1ourt for the rescission or )ariation of such order or the setting aside or )ariation of such agreement(b) Che 1ourt may grant such an a++%icationA sub8ect to such terms and conditions as it may determineA or make any other order it deems fit-

*(ubs- (5) substituted by s- 5 of Act !8.9"A s- ! of Act "#.9! and s- 4 of Act 18.99,

(5A) 3here an a++ea% is +ending in res+ect of an order of the 1ourt contem+%ated in section #5A an a++%ication for the rescission or )ariation of such order under subsection (5) sha%% be made to the 1onstitutiona% 1ourt or the (u+reme 1ourt of A++ea%A as the case may be*(ubs- (5A) inserted by s- 4 of Act 18.99,

(")

?mmediate%y after +ub%ishing the notice referred to in subsection (1)A the regiona% %and c%aims commissioner sha%% by notice in riting B (a) ad)ise the o ner of the %and in >uestion and any other +arty hichA in his or her o+inionA might ha)e an interest in the c%aim of the +ub%ication of the noticeD and refer the o ner and such other +arty to the +ro)isions of subsection (!)*(ubs- (") substituted by s- 5 of Act !8.9",

(b) (!)

6nce a notice has been +ub%ished in res+ect of any %and B (a) no +erson may in an im+ro+er manner obstruct the +assage of the c%aimD

(aA) no +erson may se%%A exchangeA donateA %easeA subdi)ideA reGone or de)e%o+ the %and in >uestion ithout ha)ing gi)en the regiona% %and c%aims commissioner one month4s ritten notice of his or her intention to do soA andA here such notice as not gi)en in res+ect of B (i) any sa%eA exchangeA donationA %easeA subdi)ision or reGoning of %and and the 1ourt is satisfied that such sa%eA exchangeA donationA

%easeA subdi)ision or reGoning as not done in good faithA the 1ourt may set aside such sa%eA exchangeA donationA %easeA subdi)ision or reGoning or grant any other order it deems fitD (ii) any de)e%o+ment of %and and the 1ourt is satisfied that such de)e%o+ment as not done in good faithA the court may grant any order it deems fitD

(b)

no c%aimant ho occu+ied the %and in >uestion at the date of commencement of this Act may be e)icted from the said %and ithout the ritten authority of the 1hief Land 1%aims 1ommissionerD no +erson sha%% in any manner hatsoe)er remo)e or cause to be remo)edA destroy or cause to be destroyed or damage or cause to be damagedA any im+ro)ements u+on the %and ithout the ritten authority of the 1hief Land 1%aims 1ommissionerD no c%aimant or other +erson may enter u+on and occu+y the %and ithout the +ermission of the o ner or %a fu% occu+ier*(ubs- (!) substituted by s- 5 of Act !8.9" and s- ! of Act "#.9!,

(c)

(d)

(8)

Che regiona% %and c%aims commissioner mayA at any time after the +ub%ication of a notice contem+%ated in subsection (1)A if he or she has reason to be%ie)e that any im+ro)ement on the %and is %ike%y to be remo)edA damaged or destroyed or that any +erson resident on such %and may be ad)erse%y affected as a resu%t of the +ub%ication of such noticeA authorise any +erson contem+%ated in section 8 or 9 to enter u+on such %and for the +ur+ose of dra ing u+ an in)entory of any assets on the %andA a %ist of +ersons em+%oyed or resident on the %andA or a re+ort on the agricu%tura% condition of the %and and of any exca)ationsA mining or +ros+ecting thereon-

11A"

#ithdrawal or amendment of notice of claim (1) Any +erson affected by the +ub%ication of the notice of a c%aim in terms of section 11(1) may make re+resentations to the regiona% %and c%aims commissioner ha)ing 8urisdiction for the ithdra a% or amendment of that notice3here during the in)estigation of a c%aim by the 1ommission the regiona% %and c%aims commissioner ha)ing 8urisdiction has reason to be%ie)e that any of the criteria set out in +aragra+hs (a)A (b) and (c) of section 11(1) ha)e not been metA he or she sha%% +ub%ish in the Gazette and send by registered +ost to B (a) (b) the c%aimantD the o nerD and

(&)

(c)

here a++%icab%eA a +erson ho has made re+resentations in terms of subsection (1) and any other +artyA ho to his or her kno %edgeA may ha)e an interest in the c%aimA

a notice stating that at the ex+iry of the +eriod mentioned in the noticeA the notice of the c%aim +ub%ished in terms of that section i%% be ithdra n un%ess cause to the contrary has been sho n to his or her satisfaction*(ubs- (&) amended by s- 5 of Act 18.99,

(#)

At the ex+iry of the +eriod contem+%ated in subsection (&)A the regiona% %and c%aims commissioner sha%%A un%ess cause to the contrary has been sho n to his or her satisfactionA ithdra the notice of c%aim and B (a) (b) (c) ad)ise the +ersons mentioned in that subsection by notice sent by registered +ostD cause notice of his or her decision to be +ub%ished in the GazetteD and take other ste+s to make his or her decision kno n in the district in hich the %and in >uestion is situated-

(4)

Che regiona% %and c%aims commissioner ha)ing 8urisdiction mayA during the in)estigation of a c%aim by the 1ommission and after fo%%o ing the +rocedure set out in subsection (&)A un%ess cause to the contrary has been sho n to his or her satisfactionA amend the notice +ub%ished in terms of section 11(1)A hereafter the +ro)isions of +aragra+hs (a)A (b) and (c) of subsection (#) sha%% a++%y mutatis mutandisH Pro)ided that the regiona% %and c%aims commissioner mayA ithout fo%%o ing the +rocedure set out in subsection (&)A amend the notice to correct any ob)ious error in itA and cause notice of his or her decision to be +ub%ished in the Gazette*(- 11A inserted by s- " of Act !8.9",

1="

CommissionAs power of investigation (1) Che 1ommission mayA through a member of the 1ommission or any +erson authorised thereto in ritingA in order to carry out its functions B (a) (b) conduct an in)estigationD demand from any +erson inc%uding any go)ernment de+artment such +articu%arsA documents and information as may be necessary in connection ith any in)estigationD by notice in ritingA addressed and de%i)ered by a member of the staff of the 1ommission or a sheriff to any +ersonA direct such +ersonA in re%ation to an in)estigationA to a++ear before a member of the

(c)

1ommission at a time and +%ace mentioned in such notice and to +roduce to such member a%% documents or ob8ects in the +ossession or custody or under the contro% of such +erson and hich are re%e)ant to that in)estigation(&) Any +erson directed to +roduce documents or ob8ects in terms of subsection (1)(c) sha%% not be com+e%%ed to +roduce any document or ob8ect hich cou%d be used in e)idence against him or her in a crimina% tria%?f a c%aimant is not ab%e to +ro)ide a%% the information necessary for the ade>uate submission or in)estigation of a c%aimA the regiona% %and c%aims commissioner concerned sha%% direct an officer contem+%ated in section 8 to take a%% reasonab%e ste+s to ha)e this information made a)ai%ab%e?f at any stage during the course of an in)estigation by the 1ommissionA the 1hief Land 1%aims 1ommissioner is of the o+inion that the resources of the 1ommission or the 1ourt ou%d be more effecti)e%y uti%ised if a%% c%aims for restitution in res+ect of the %andA or area or to nshi+ in >uestionA ere to be in)estigated at the same timeA he or she sha%% cause to be +ub%ished in the Gazette and in such other manner as he or she deems a++ro+riateA a notice ad)ising +otentia% c%aimants of his or her decision and in)iting themA sub8ect to the +ro)isions of section &A to %odge c%aims ithin a +eriod s+ecified in such notice*(ubs- (4) substituted by s- 8 of Act "#.9!,

(#)

(4)

(5)

;o c%aim in res+ect of a matter contem+%ated in subsection (4) sha%% be %odged after the ex+iry of the +eriod s+ecified in the said noticeH Pro)ided that the 1ommission may a%%o a c%aimant on good cause sho nA to %odge a c%aim after the ex+iry of such +eriodA but not %ater than #1 /ecember 1998*(ubs- (5) substituted by s- 8 of Act "#.9!,

13"

2ediation (1) ?f at any stage during the course of the 1ommissionIs in)estigation it becomes e)ident that B (a) (b) (c) (d) there are t o or more com+eting c%aims in res+ect of the same %andD
*Para- (a) substituted by s- 9 of Act "#.9!,

in the case of a community c%aimA there are com+eting grou+s ithin the c%aimant community making reso%ution of the c%aim difficu%tD here the %and hich is sub8ect to the c%aim is not stateo ned %andA the o ner or ho%der of rights in such %and is o++osed to the c%aimD or there is any other issue hich might usefu%%y be reso%)ed through mediation and negotiationA

the 1hief Land 1%aims 1ommissioner may direct the +arties concerned to attem+t to sett%e their dis+ute through a +rocess of mediation and negotiation(&) (a) A direction contem+%ated in subsection (1) sha%% be made in a ritten notice s+ecifying the time hen and the +%ace here such +rocess is to start(b) Che 1hief Land 1%aims 1ommissioner sha%% a++oint a mediator to chair the first meeting bet een the +artiesH Pro)ided that the +arties may at any time during the course of mediation or negotiation by agreement a++oint another +erson to mediate the dis+ute-

(#)

A +erson a++ointed by the 1hief Land 1%aims 1ommissioner in terms of subsection (&)(b) sha%% either be an officer contem+%ated in section 8 ho is a fit and +ro+er +erson to conduct such a +rocess of mediation and negotiation or an inde+endent mediator contem+%ated in section 9(1)(b)A%% discussions taking +%ace and a%% disc%osures and submissions made during the mediation +rocess sha%% be +ri)i%egedA un%ess the +arties agree to the contraryeferral of claims to Court

(4)

1>" (1)

?f u+on com+%etion of an in)estigation by the 1ommission in res+ect of s+ecific c%aim B (a) (b) the +arties to any dis+ute arising from the c%aim agree in riting that it is not +ossib%e to sett%e the c%aim by mediation and negotiationD the regiona% %and c%aims commissioner certifies that it is not feasib%e to reso%)e any dis+ute arising from such c%aim by mediation and negotiationD or 555the regiona% %and c%aims commissioner is of the o+inion that the c%aim is ready for hearing by the 1ourtA

(c) (d)

the regiona% %and c%aims commissioner ha)ing 8urisdiction sha%% certify according%y and refer the matter to the 1ourt*(ubs- (1) substituted by s- " of Act 18.99,

(&)

Any c%aim referred to the 1ourt as a resu%t of a situation contem+%ated in subsection (1)(a)A (b) or (d) sha%% be accom+anied by a document B

(a) (b) (c) (d) (#)

setting out the resu%ts of the 1ommission4s in)estigation into the merits of the c%aimD re+orting on the fai%ure of any +arty to accede to mediationD containing a %ist of the +arties ho ha)e an interest in the c%aimD
*Para- (c) substituted by s- ! of Act !8.9",

setting out the 1ommission4s recommendation as to the most a++ro+riate manner in hich the c%aim can be reso%)ed-

?f in the course of an in)estigation by the 1ommission the interested +arties enter into a ritten agreement as to ho the c%aim shou%d be fina%ised and the regiona% %and c%aims commissioner ha)ing 8urisdiction certifies in riting that he or she is satisfied ith the agreement and that the agreement ought not to be referred to the 1ourtA the agreement sha%% be effecti)e on%y from the date of such certification or such %ater date as may be +ro)ided for in the agreement*(ubs- (#) substituted by s- " of Act 18.99,

(#A) ?f the regiona% %and c%aims commissioner ha)ing 8urisdiction is of the o+inion that B (i) (ii) a >uestion of %a arising out of the agreement needs to be reso%)edD there is doubt as to hether or not a%% +arties ho ha)e an interest in the c%aim are +arties to the agreementD

(iii) there is doubt as to the )a%idity of the agreement or any +art of itD (i)) there is doubt as to the feasibi%ity of the im+%ementation of the agreementD ()) the agreement does not com+%y ith section 4&/(&)D

()i) the agreement is not 8ust and e>uitab%e in res+ect of any +artyD ()ii) the agreement is contrary to any +ro)ision of the ActD ()iii) the authority of any signatory is in doubtD (ix) the agreement is )ague or contradictoryD (x) the +arties to the agreement agree that it is desirab%e that the agreement be made an order of 1ourtD

(xi) the agreement ought to be referred to the 1ourt for any other good reasonA he or she may refer the matter to the 1ourt*(ubs- (#A) inserted by s- " of Act 18.99,

(4)

A referra% under subsection (#A) sha%% be accom+anied by a co+y of the re%e)ant deed of sett%ement and a re+ort containing B (a) (b) (c) (d) concise information about the background to the c%aim and the sett%ementD information necessary for the 1ourt to estab%ish hether or not it has 8urisdictionD the reasons for the referra% of the matter to the 1ourtD and the regiona% %and c%aims commissioner4s recommendationsA if anyA as to ho the matter shou%d be dea%t ith*(ubs- (4) substituted by s- " of Act 18.99,

(5)

Any interested +arty sha%% be entit%edA u+on +ayment of the +rescribed feeA to co+ies of the documents contem+%ated in this sectionA inc%uding the submissions of other interested +arties in re%ation to any matter contem+%ated in this section*(ubs- (5A) inserted by s- ! of Act !8.9" and de%eted by s- 1' of Act "#.9!,

(5A)555(") (ub8ect to the +ro)isions of 1ha+ter ???AA the 1ourt sha%% not make any order in terms of section #5 un%ess the 1ommission hasA in res+ect of the c%aim in >uestionA acted in accordance ith the +ro)isions of this sectionH Pro)ided that the 1ourt mayA on good cause sho nA condone any noncom+%iance ith the +ro)isions of this section*(ubs- (") substituted by s- 1' of Act "#.9! and amended by s- " of Act 18.99,

(!) 1?" 1(" (1)

555*(ubs- (!) de%eted by s- ! of Act !8.9",

555*(- 15 amended by s- 8 of Act !8.9" and re+ea%ed by s- 11 of Act "#.9!,

ules regarding procedure of Commission After consu%tation ith the 2inisterA the 1hief Land 1%aims 1ommissioner may make ru%es regarding B

(a) (b) (c)

any matter hichA in terms of this 1ha+terA is re>uired or +ermitted to be +rescribedD the fi%ing of c%aimsD any ste+s hich may be taken to gi)e +ub%ic notice of c%aims and notice to +ersons ho ha)e an interest in any matter under in)estigation by the 1ommissionD the gi)ing of notice to +arties to attend a meeting for the +ur+ose of mediating or negotiating the sett%ement of dis+utesD the gi)ing of notice to +arties and +ub%ic notices gi)ing notice that the 1ommission i%% consider any re%ated c%aims in res+ect of s+ecific %andA a neighbourhood or to nshi+ ithin a sti+u%ated +eriodD the order of +reference to be gi)en to c%aims or categories of c%aims in order to achie)e the resu%t contem+%ated in section "(&)(d)D and genera%%yA ith regard to any other matter hich he or she considers it necessary or ex+edient to +rescribe in order to achie)e or +romote the ob8ects of this Act-

(d) (e)

(f) (g)

(&) (#) 1@"

Che genera%ity of subsection (1) sha%% not be %imited by the +receding sections of this 1ha+terRu%es made under the +ro)isions of subsection (1) sha%% be +ub%ished in the Gazette-

3ffences and penalties Any +erson ho B (a) (b) contra)enes the +ro)isions of section 11(!)(a)A (aA)A (b)A (c)A or (d)D
*Para- (a) substituted by s- 1& of Act "#.9!,

ha)ing been directed to a++ear before a member of the 1ommission and to +roduce documents or ob8ects in terms of section 1&(1)(c)A fai%s to a++ear at the s+ecified time and +%ace or to +roduce such documents or ob8ectsD hinders or obstructs the 1ommission in the +erformance of its functionsD +re)ents or attem+ts to +re)ent a du%y authorised officer contem+%ated in section 8A or a +erson or organisation a++ointed in terms of section 9A from +erforming a function in terms of this ActA
*Para- (d) substituted by s- 1& of Act "#.9!,

(c) (d)

sha%% be gui%ty of an offence and %iab%e on con)iction to a fine or to im+risonment for a +eriod not exceeding three months1," !imitation of liability Che 1ommissionA members of the 1ommissionA any +erson or organisation a++ointed under section 9 or any officer contem+%ated in section 8A sha%% not be %iab%e in res+ect of any act or omission in good faith hi%e +erforming a function in terms of any +ro)ision of this Act*(- 18 substituted by s- 9 of Act !8.9",

19"

%Bpenditure of Commission (1) A%% ex+enditure in connection ith the +erformance of the 1ommission4s functions sha%% be defrayed from moneys a++ro+riated by Par%iament for such +ur+oseA +erson a++ointed in terms of section 4(#) ho is not in the fu%%Btime ser)ice of the (tate mayA from moneys a++ro+riated by Par%iament for such +ur+oseA be +aid such remuneration and a%%o ances in res+ect of ser)ices +erformed in connection ith the functions of the 1ommissionA as may be determined by the 2inister in consu%tation ith the 2inister of =inance-

(&)

=+"

Annual estimates of eBpenditure Che estimates of ex+enditure in res+ect of each financia% year sha%%A after being +re+ared by the 1hief Land 1%aims 1ommissioner or an officia% contem+%ated in section 8(1) and designated by the 1hief Land 1%aims 1ommissionerA be submittedA not %ater than the first day of August of the +receding financia% year to the /irectorB $enera% of Land AffairsA ho sha%% be the accounting officer-

=1"

Annual report Che 1ommission sha%% annua%%y not %ater than the first day of <une submit to Par%iament a re+ort on a%% its acti)ities during the +re)ious yearA u+ to #1 2archC$A6T% 555 T$% !A*/ C!A52& C37 T

=="

!and Claims Court (1) Chere sha%% be a court of %a to be kno n as the Land 1%aims 1ourt hich sha%% ha)e the +o erA to the exc%usion of any court contem+%ated in section 1"" (c)A (d) or (e) of the 1onstitution B

(a) (b)

to determine a right to restitution of any right in %and in accordance ith this ActD to determine or a++ro)e com+ensation +ayab%e in res+ect of %and o ned by or in the +ossession of a +ri)ate +erson u+on ex+ro+riation or ac>uisition of such %and in terms of this ActD to determine the +erson entit%ed to tit%e to %and contem+%ated in section #D

(c)

(cA) at the instance of any interested +erson and in its discretionA to grant a dec%aratory order on a >uestion of %a re%ating to section &5(!) of the 1onstitution or to this Act or to any other %a or matter in res+ect of hich the 1ourt has 8urisdictionA not ithstanding that such +erson might not be ab%e to c%aim any re%ief conse>uentia% u+on the granting of such orderD (c:) to determine hether com+ensation or any other consideration recei)ed by any +erson at the time of any dis+ossession of a right in %and as 8ust and e>uitab%eD (c1) to determine any matter in)o%)ing the inter+retation or a++%ication of this Act or the Land Reform (Labour Cenants) ActA 199" (Act ;o- # of 199")A ith the exce+tion of matters re%ating to the definition of Eoccu+ierF in section 1 (1) of the 0xtension of (ecurity of Cenure ActA 199! (Act ;o- "& of 199!)D
*Para- (c1) substituted by s- 4 of Act 11.&''',

(c/) to decide any constitutiona% matter in re%ation to this Act or the Land Reform (Labour Cenants) ActA 199" (Act ;o- # of 199")(c0) to determine any matter in)o%)ing the )a%idityA enforceabi%ityA inter+retation or im+%ementation of an agreement contem+%ated in section 14(#)A un%ess the agreement +ro)ides other iseD
*Para- (c0) inserted by s- ! of Act 18.99,

(d)

to determine a%% other matters hich re>uire to be determined in terms of this Act-

*(ubs- (1) amended by s- 1' of Act !8.9" and substituted by s- 1# of Act "#.9!,

(&)

(ub8ect to 1ha+ter 8 of the 1onstitutionA the 1ourt sha%% ha)e 8urisdiction throughout the Re+ub%ic and sha%% ha)e B (a) a%% such +o ers in re%ation to matters fa%%ing ithin its 8urisdiction as are +ossessed by a 9igh 1ourt ha)ing 8urisdiction in ci)i% +roceedings at the +%ace here the %and in >uestion is situatedA inc%uding the +o ers of a 9igh 1ourt in re%ation to any contem+t of the 1ourtD

(b)

a%% the anci%%ary +o ers necessary or reasonab%y incidenta% to the +erformance of its functionsA inc%uding the +o er to grant inter%ocutory orders and interdictsD the +o er to decide any issue either in terms of this Act or in terms of any other %a A hich is not ordinari%y ithin its 8urisdiction but is incidenta% to an issue ithin its 8urisdictionA if the 1ourt considers it to be in the interests of 8ustice to do so*Para- (c) added by s- ! of Act 18.99, *(ubs- (&) substituted by s- 1' of Act !8.9" and s- 1# of Act "#.9!,

(c)

(#)

Chere sha%% be a President of the 1ourtA ho sha%% be a++ointed by the President of the Re+ub%icA acting on the ad)ice of the <udicia% (er)ice 1ommissionChe President of the Re+ub%ic mayA after consu%tation ith the President of the 1ourt and the <udicia% (er)ice 1ommissionA a++oint additiona% 8udges of the 1ourtChe President of the 1ourt and the additiona% 8udges of the 1ourt may be a++ointed for a fixed termA 8udge of a 9igh 1ourt may be seconded to ser)e as a 8udge of the 1ourt*(ubs- (") amended by s- 1# of Act "#.9!,

(4)

(5) (") (!)

Che President of the Re+ub%ic sha%% designate a 8udge of the 1ourt to act as President of the 1ourt during the absence of the President of the 1ourt*(ubs- (!) added by s- 1 of Act 84.95,

(8)

?f there is sufficient reason the President of the Re+ub%ic mayA after consu%tation ith the President of the 1ourtA a++oint an acting 8udge of the 1ourt for such term as the President of the Re+ub%ic sha%% determineH Pro)ided that the 2inister of <usticeA after consu%tation ith the President of the 1ourtA may make such an a++ointment in res+ect of a term not exceeding one month*(ubs- (8) added by s- 1 of Act 84.95 and substituted by s- 1' of Act !8.9",

(9)

(a) Proceedings in hich a 8udge of the 1ourt has +artici+ated and hich ha)e not been dis+osed of at the termination of his or her term of ser)ice orA ha)ing been dis+osed of before or after such terminationA are reo+enedA sha%% be dis+osed of by that 8udge(b) =or the +ur+oses of +aragra+h (a) any a++ointment made under this section sha%% be deemed a%so to ha)e been made for the time in hich the +roceedings referred to in +aragra+h (a) are being dis+osed of-

*(ubs- (9) added by s- 1 of Act 84.95,

=3"

Cualifications of <udges of Court ;o +erson sha%% be >ua%ified to be a++ointed President of the 1ourt or a 8udge of the 1ourt un%ess he or she B (a) (b) (c) is a (outh African citiGenD is a fit and +ro+er +erson to be a 8udge of the 1ourtD and (i) is a 8udge of a 9igh 1ourt or is >ua%ified to be admitted as an ad)ocate or attorney and hasA for a cumu%ati)e +eriod of at %east ten yearsA +ractised as an ad)ocate or an attorney or %ectured in %a at a uni)ersityD or
*(ubB+ara- (i) amended by s- 14 of Act "#.9!,

(ii)

by reason of his or her training and ex+erienceA has ex+ertise in the fie%ds of %a and %and matters re%e)ant to the a++%ication of this Act and the %a of the Re+ub%ic*(- &4 re+ea%ed by s- 15 of Act "#.9!,

=>"555=?" $olding of office (1) Che +ro)isions of sections 1!4(8) and 1!! of the 1onstitution ith regard to making of an oath or a so%emn affirmation and the remo)a% or sus+ension of 8udges sha%% a++%y mutatis mutandis to 8udges of the 1ourt*(ubs- (1) substituted by s- 1" of Act "#.9!,

(&)

An assessor sha%% take an oath or make a so%emn affirmation that he or she i%%A on the e)idence +%aced before him or herA gi)e a true )erdict or considered o+inion u+on the issues to be triedAn assessor4s oath or affirmation sha%% be administered by the +residing 8udge at the commencement of the hearing of e)ery matterA before any e)idence is %ed*(- &5 substituted by s- 11 of Act !8.9",

(#)

=(" (1)

emuneration and conditions of employment of <udges Che President and a 8udge of the 1ourt not being a 8udge of a 9igh 1ourtA sha%% recei)e such remuneration and sha%%A sub8ect to section &&(5)A be a++ointed sub8ect to such conditions of em+%oyment as determined by the President of the Re+ub%ic in consu%tation ith the <udicia% (er)ice

1ommissionA and his or her remuneration sha%% not be reduced during his or her term of ser)ice*(ubs- (1) amended by s- 1! of Act "#.9!,

(&)

;ot ithstanding anything to the contrary contained in any other %a A a gratuity inc%uded in the remuneration determined in terms of subsection (1) and +ayab%e after )acation of officeA sha%% not be taxab%e*(ubs- (&) inserted by s- 1& of Act !8.9",

(#)

An a%%o ance inc%uded in the remuneration determined in terms of subsection (1) sha%% not be taxab%eA un%ess Par%iament ex+ress%y +ro)ides other ise*(ubs- (#) inserted by s- 1& of Act !8.9",

(4)

Che President and a 8udge of the 1ourt may be +aid such a%%o ances for tra)e%%ing and subsistence ex+enses incurred by him or her in the +erformance of his or her functions in terms of this Act as the 2inister of <ustice may determine ith the concurrence of the 2inister of =inance*(ubs- (4)A +re)ious%y (ubs- (&)A substituted by s- 1& of Act !8.9",

(5)

Che +ro)isions of subsections (1)A (#) and (4) sha%% a++%y a%so to a +erson a++ointed under section &&(!) and (8)*(ubs- (5)A +re)ious%y (ubs- (#)A substituted by s- 1& of Act !8.9", *(- &" substituted by s- & of Act 84.95,

=(A" &econdment of <udges and appointment of acting <udges to !and Claims Court (1) ;ot ithstanding sections &&(#)A (4)A (5)A (")A (!)A (8) and (9)A &#A &5 and &"A the 2inister of <ustice mustA after consu%tation ith the 2inisterA at the ex+iry of the fixed term contem+%ated in section &&(5) cause such number of 8udges of the 9igh 1ourt as may be necessary to be seconded to ser)e as 8udges of the 1ourtChe 2inister may re>uest the 2inister of <ustice to a++oint an acting 8udge of the 1ourt in accordance ith section 1!5(&) of the 1onstitution for such +eriod as may be necessaryChe President of the Re+ub%ic sha%%A after consu%tation ith the 2inister of <usticeA designate one of the seconded 8udges or an acting 8udge a++ointed under subsection (&)A to act as President of the 1ourtProceedings in hich B (a) a seconded 8udge or acting 8udge has +artici+ated and hich ha)e not been dis+osed of during the secondment or the term of ser)ice orA ha)ing been dis+osed of before or after such secondment or termA are reo+enedD or

(&)

(#)

(4)

(b)

a 8udge of the 1ourt a++ointed under section && has +artici+ated and hich ha)e not been dis+osed of at the ex+iry of the fixed term contem+%ated in subsection (1) orA ha)ing been dis+osed of before or after such ex+iryA are reo+enedA
*(- &"A inserted by s- 5 of Act 11.&''',

must be dis+osed of by that 8udge=@" Appointment of assessors (1) Che assessors contem+%ated in section &8(4) sha%% be a++ointed by the +residing 8udge from a %ist com+i%ed from time to time by the 2inister after B (a) (b) (&) in)iting nominations from the genera% +ub%icD and consu%tation ith the President of the 1ourt-

An assessor of the 1ourt sha%% be a +erson hoA in the o+inion of the 2inisterA has ski%%s and kno %edge re%e)ant to the ork of the 1ourtH Pro)ided that it sha%% not be a re>uirement that an assessor sha%% ha)e any %ega% >ua%ificationsAn assessor sha%% recei)e such remuneration and be entit%ed to such benefits as may be determined by the 2inister of <ustice in consu%tation ith the 2inister of =inance and the President of the 1ourt*(- &! substituted by s- 1# of Act !8.9",

(#)

=,"

&eat and hearings of Court (1) (&) Che seat or seats of the 1ourt sha%% be determined by the 2inister of <ustice in consu%tation ith the President of the 1ourtChe 1ourt may not ithstanding the +ro)isions of subsection (1) conduct hearings at any other +%ace in the Re+ub%ic ith a )ie to making the 1ourt accessib%e to c%aimants9earings of the 1ourt sha%% be +resided o)er by a sing%e 8udge un%ess the President of the 1ourt or in his or her absence the most senior a)ai%ab%e 8udge decides to the contraryAt %east one assessor sha%% assist the 1ourt at a contested hearing of B (a) (b) (c) any c%aim hich has been referred to the 1ourt in terms of section 14D any a++%ication in terms of section #4D and any a++%ication in terms of 1ha+ter ???AH

(#)

(4)

Pro)ided that this re>uirement sha%% not a++%y in res+ect of B (i) (ii) any hearing here the on%y matters in dis+ute are >uestions of %a D any inter%ocutory or +re%iminary hearing or +reBtria% +roceedingsA un%ess the 1ourt decides other iseD
*(ubB+ara- (ii) substituted by s- 8 of Act 18.99,

(iii) any +roceedings dea%ing ith contem+t of the 1ourt*(ubs- (4) substituted by s- 14 of Act !8.9" and s- 18 of Act "#.9!,

(5)

An assessorA other than an assessor contem+%ated in subsection (")A sha%% be a member of the 1ourt and the decision or finding of the ma8ority of the members of the 1ourt sha%% be the decision or finding of the 1ourtH Pro)ided that an assessor sha%% not decide u+on a >uestion of %a or u+on a >uestion hether or not any matter constitutes a >uestion of %a H Pro)ided further that a decision in res+ect of a matter referred to in section ## or #4(") sha%% be deemed not to be a >uestion of %a *(ubs- (5) substituted by s- 14 of Act !8.9",

(")

?n any +roceedingsA other than those contem+%ated in +aragra+hs (a) and (b) of subsection (4)A the 1ourt may summon to its assistance no more than t o assessors to act in an ad)isory ca+acity*(ubs- (") added by s- 14 of Act !8.9",

(!)

(ub8ect to the +ro)isos to subsection (5)A in the e)ent of an e>ua%ity of )otes B (a) at a hearing here one or more members of the 1ourt are assessorsA the )ote of the 8udgeA orA if there is more than one 8udgeA the )ote of the ma8ority of the 8udgesA sha%% +re)ai%D at any other hearingA the hearing sha%% be ad8ourned and commenced before a ne court constituted in such manner as the President of the 1ourt orA in his or her absenceA the most senior a)ai%ab%e 8udge may determine*(ubs- (!) added by s- 14 of Act !8.9",

(b)

(8)

?f at any stage during the hearing of any matter here t o or more 8udges are members of the 1ourtA any 8udge of such 1ourt dies or retires or is other ise inca+ab%e of acting or is absentA the hearing sha%% +roceed before the remaining members of such 1ourtH Pro)ided that such members sha%% inc%ude at %east one 8udge*(ubs- (8) added by s- 14 of Act !8.9",

(9)

?f at any stage during the hearing of any matter an assessor ho is a member of the 1ourt dies orA in the o+inion of the +residing 8udgeA becomes unab%e to act as assessor or is absentA the +residing 8udge may direct B (a) (b) that the hearing +roceed before the remaining member or members of the 1ourtD or that the hearing sha%% commence de no)oA un%ess a%% the +arties to the +roceedings agree unconditiona%%y in riting to acce+t the decision of the remaining member or members as the decision of the 1ourt*(ubs- (9) added by s- 14 of Act !8.9",

(1') (ubsections (5) and (!) sha%% a++%y mutatis mutandis hen a hearing +roceeds before the remaining member or members of the 1ourt in the circumstances set out in subsection (8) or (9)*(ubs- (1') added by s- 14 of Act !8.9",

=,A"

&eals of Court Che 1ourt sha%% ha)e for use as occasion may re>uireA a sea% of such design as may be +rescribed by the President of the Re+ub%ic by +roc%amation in the Gazette and such sea% sha%% be ke+t in the custody of the registrar of the 1ourt*(- &8A inserted by s- 15 of Act !8.9",

=,D"6roceedings to be conducted in open court A%% hearings in the 1ourt sha%%A exce+t in so far as the 1ourt may in s+ecia% cases direct other iseA be conducted in o+en court*(- &8: inserted by s- 15 of Act !8.9",

=,C" eference of particular matters for investigation by referee (1) ?n any +roceedings the 1ourt mayA (a) ith the consent of the +artiesA refer B

any matter hich re>uires extensi)e examination of documents or scientificA technica% or %oca% in)estigation hich cannot be con)enient%y conducted by the 1ourtD any matter hich re%ates ho%%y or in +art to accountsD or any other matter arising in such +roceedingsA

(b) (c)

for en>uiry and re+ort to a refereeA and the 1ourt mayA after hearing such e)idence or arguments as may be adduced or +resented by the +arties B (i) ado+t the re+ort of any such refereeA either ho%%y or in +artA and either ith or ithout modificationsD

(ii)

remit such re+ort for further en>uiry or re+ort or consideration by such refereeD or

(iii) make any other order in regard thereto(&) Any finding in such re+ort or any +art thereof hich is ado+ted by the 1ourtA hether ith or ithout modificationsA sha%% ha)e effect as if it ere a finding by the 1ourt in the +roceedings in >uestionAny such referee sha%% for the +ur+ose of such en>uiry ha)e such +o ers and sha%% conduct the en>uiry in such manner as may be +rescribed by a s+ecia% order of court or by the ru%es=or the +ur+ose of +rocuring the attendance of any itnessA inc%uding any itness detained in custody under any %a A and the +roduction of any document or thing before a refereeA an en>uiry under this section sha%% be deemed to be +roceedings before the 1ourtH Pro)ided that the referee sha%% not ha)e 8urisdiction in res+ect of the crimina% offences created by this sectionAny +erson summoned to a++ear and gi)e e)idence or +roduce any document or thing before a refereeA and hoA ithout sufficient cause B (a) fai%s to attend at the time and +%ace s+ecified or to remain in attendance unti% the conc%usion of the en>uiry or unti% he or she is excused by the referee from further attendanceD refuses to be s orn or to make affirmation as a itnessD ha)ing been s orn or ha)ing made affirmation as a itnessA fai%sA ithout 8ust excuseA to ans er fu%%y and satisfactori%y any >uestion +ut to him or herD fai%s to +roduce any document or thing in his or her +ossession or custody or under his or her contro% hich he or she as summoned to +roduceA

(#)

(4)

(5)

(b) (c)

(d)

sha%% be gui%ty of an offence and %iab%e on con)iction either by the 1ourt by ay of the +rocedures set out in section &8= or by a crimina% court ha)ing 8urisdictionA to a fine or to im+risonment for a +eriod not exceeding three months(") Any +erson hoA after ha)ing been s orn or ha)ing made affirmationA gi)es fa%se e)idence before a referee at any en>uiryA kno ing such e)idence to be fa%se or not kno ing or be%ie)ing it to be trueA sha%% be gui%ty of an offence and %iab%e on con)iction to the +ena%ties +rescribed by %a for +er8ury-

(!)

Any referee sha%% be entit%ed to such fees as may be +rescribed by the ru%es orA if no such fees ha)e been so +rescribedA to such fees as the 1ourt may determineA and to any reasonab%e ex+enditure incurred by him or her for the +ur+oses of the en>uiryA and any such fees and ex+enditure sha%% be taxed by the taxing master of the 1ourt and sha%% be costs in the causeH Pro)ided that the 1ourt may order the (tate to +ay the said fees and ex+enditure*(- &81 inserted by s- 15 of Act !8.9",

=,/"

*o process to be issued against <udge of Court eBcept with consent of court (1) ;ot ithstanding anything to the contrary contained in any %a A no summons or sub+oena against the President or any other 8udge of the 1ourt sha%% in any ci)i% action be issued out of any court ithout the consent of such courtH Pro)ided that no such summons or sub+oena sha%% be issued out of a %o er court un%ess a 9igh 1ourt hich has 8urisdiction to hear and determine an a++ea% in a ci)i% action from such %o er courtA has consented thereto*(ubs- (1) amended by s- 19 of Act "#.9!,

(&)

3here the issuing of a summons or sub+oena against a 8udge of the 1ourt to a++ear in a ci)i% action has been consented toA the date u+on hich such 8udge must attend court sha%% be determined in consu%tation ith the President of the 1ourt orA in his or her absenceA the most senior a)ai%ab%e 8udge of the 1ourt=or the +ur+oses of subsection (1) E%o er courtF means any courtA other than the 1onstitutiona% 1ourtA the (u+reme 1ourt of A++ea% or a 9igh 1ourtA hich is re>uired to kee+ a record of its +roceedingsA and inc%udes a court of a regiona% di)ision and a magistrate4s court estab%ished in terms of the 2agistrates4 1ourts ActA 1944 (Act ;o- #& of 1944)*(ubs- (#) substituted by s- 19 of Act "#.9!, *(- &8/ inserted by s- 15 of Act !8.9",

(#)

=,%"

Judgment by default A 8udgment by defau%t may be granted by the 1ourt in the manner and in the circumstances +rescribed in the ru%esH Pro)ided that the 1ourt sha%% be satisfied that there as +ro+er ser)ice of the +rocess by hich the case as initiated*(- &80 inserted by s- 15 of Act !8.9",

=,4" 2anner of securing attendance of witnesses or production of any document or thing in proceedings before Court (1) A +arty to +roceedings before the 1ourt may +rocure the attendance of any itness or the +roduction of any document or thing in the manner +ro)ided for in the ru%es-

(&)

3hene)er any +erson sub+oenaed to attend any +roceedings before the 1ourt as a itness or to +roduce any document or thing fai%s ithout reasonab%e excuse to obey the sub+oena and it a++ears from the return of the +ro+er officer or from e)idence gi)en under oath that the sub+oena as ser)ed u+on the +erson to hom it is directed and that his or her reasonab%e ex+enses ca%cu%ated in accordance ith the tariff referred to in section &82 ha)e been +aid or offered to him or herA or that he or she is e)ading ser)ice of the sub+oenaA or if any +erson ho has attended in obedience to a sub+oena fai%s to remain in attendance unti% excusedA the 1ourt may issue a arrant directing that he or she be arrested and brought before the 1ourt at a time and +%ace stated in the arrant or as soon thereafter as +ossib%eA +erson arrested under any such arrant may be detained thereunder before the 1ourt or in any +rison or %ockBu+ or other +%ace of detention or in the custody of the +erson ho is in charge of him or her ith a )ie to securing his or her +resence as a itness or to +roduce any document or thing at the said +roceedingsH Pro)ided that the 1ourt may re%ease him or her on a recogniGance ith or ithout sureties for his or her a++earance to gi)e e)idence or to +roduce any document or thing as re>uired and for his or her a++earance at the en>uiry referred to in subsection (4)Che 1ourt may in a summary mannerA en>uire into such +erson4s e)asion of the ser)ice of the sub+oena or fai%ure to obey the sub+oena or to remain in attendanceA and mayA if it finds such +erson gui%tyA sentence him or her to a fine or to im+risonment for a +eriod not exceeding three monthsAny sentence im+osed by the 1ourt under subsection (4) sha%% be enforced and sha%% be sub8ect to a++ea% as if it ere a sentence im+osed in a crimina% case?f a +erson ho has entered into any recogniGance for his or her a++earance to gi)e e)idence at such +roceedings or to +roduce any document or thing or for his or her a++earance at any en>uiry referred to in subsection (4) fai%s so to a++earA he or she mayA a+art from the forfeiture of his or her recogniGanceA be dea%t ith as if he or she had fai%ed to obey a sub+oena to attend such +roceedings or a++ear at such en>uiry*(- &8= inserted by s- 15 of Act !8.9",

(#)

(4)

(5)

(")

=,1" 2anner in which witnesses may be dealt with on refusal to give evidence or produce any document or thing (1) 3hene)er any +erson ho a++ears either in obedience to a sub+oena or by )irtue of a arrant issued under section &8= or is +resent and is )erba%%y re>uired by the 1ourt to gi)e e)idence in any +roceedings refuses to be s orn or to make an affirmationA orA ha)ing been s orn or ha)ing made an affirmationA ithout any 8ust excuse refuses or fai%s to ans er such >uestions as are +ut to him or herA or to +roduce any document or thing hich he or she

is re>uired to +roduce the 1ourt may ad8ourn the +roceedings for any +eriod not exceeding eight days and mayA in the meantimeA by arrant commit the +erson so refusing or fai%ing to +rison un%ess he or she consents to do hat is re>uired of him or her(&) ?f at the resumed hearing of the +roceedingsA any +erson referred to in subsection (1) again refuses ithout 8ust excuse to do hat is so re>uired of him or herA the 1ourt may again ad8ourn the +roceedings and commit him or her to +rison for a %ike +eriod and so again from time to time unti% such +erson consents to do hat is re>uired of him or her;othing contained in this section sha%% +re)ent the 1ourt from gi)ing 8udgment in any case or other ise dis+osing of the +roceedings according to any other sufficient e)idence taken;o +erson sha%% be bound to +roduce any document or thing not s+ecified or other ise sufficient%y described in the sub+oena un%ess he or she actua%%y has it in court3hen a sub+oena is issued to +rocure the attendance of any +erson to gi)e e)idence or to +roduce any bookA +a+erA document or thing in any +roceedings before the 1ourtA and it a++ears B (a) that he or she is unab%e to gi)e any e)idence or to +roduce any bookA +a+erA document or thing hich ou%d be re%e)ant to any issue in such +roceedingsD that to com+e% him or her to attend ou%d be an abuse of the 8udicia% +rocessA

(#)

(4)

(5)

(b)

the 1ourt mayA not ithstanding anything contained in this sectionA after reasonab%e notice by the registrar of the 1ourt to the +arty ho sued out of the sub+oena and after hearing that +arty in chambers if he or she a++earsA make an order cance%%ing such sub+oena*(- &8$ inserted by s- 15 of Act !8.9",

=,$" %Bamination by interrogatories of persons whose evidence is re.uired in proceedings before Court (1) Che 1ourt may in connection ith any +roceedings +ending before itA order that the e)idence of a +erson ho resides or is for the time being outside the area of 8urisdiction of the 1ourt be taken by means of interrogatories3hene)er an order is made under subsection (1)A the registrar of the 1ourt sha%% certify that fact and transmit a co+y of his or her certificate to a commissioner of the 1ourtA together ith any interrogatories du%y and %a fu%%y framed hich it is desired to +ut to the said +erson and the fees and

(&)

the amount of the ex+enses +ayab%e to the said +erson for his or her a++earance as hereinafter +ro)ided(#) J+on recei+t of the aforesaid certificate and of the interrogatories and amounts aforesaidA the commissioner sha%% summon the said +erson to a++ear before him or herA and u+on his or her a++earance sha%% take his or her e)idence as if he or she ere a itness in +roceedings before the 1ourtA and sha%% +ut to him or her the interrogatories aforesaid ith any other >uestions ca%cu%ated to obtain fu%% and true ans ers to the said interrogatories and sha%% take do n or cause to be taken do n the e)idence so obtainedA and sha%% transmit the sameA certified as correctA to the registrar of the 1ourtChe commissioner sha%% further transmit to the said registrar a certificate sho ing the amount +aid to the +erson concerned in res+ect of the ex+enses of his or her a++earanceA and the cost of the issue and ser)ice of the +rocess for summoning such +erson before him or herAny +erson summoned to a++ear as +ro)ided in this section ho ithout reasonab%e excuse fai%s to a++ear at the time and +%ace mentioned in the summonsA sha%% be gui%ty of an offence and %iab%e on con)iction to a fine or to im+risonment for a +eriod not exceeding three monthsAny interrogatories taken and certified under this sectionA sha%%A sub8ect to a%% %a fu% exce+tionsA be recei)ed as e)idence in the aforesaid +roceedings*(- &89 inserted by s- 15 of Act !8.9",

(4)

(5)

(")

=,5"

Appointment of officers of Court (1) Che 2inister of <ustice mayA sub8ect to the %a s go)erning the +ub%ic ser)iceA a++oint registrarsA assistant registrars and other officers for the 1ourt hene)er they may be re>uired for the administration of 8ustice or the execution of the functions of the 1ourt3hene)er by reason of absence or inca+acity a registrar or assistant registrar is unab%e to carry out the functions of his or her officeA or his or her office becomes )acantA the 2inister of <ustice may authorise any other com+etent officer in the +ub%ic ser)ice to act in the +%ace of the absent or inca+acitated officer during such absence or inca+acity or to act in the )acant office unti% the )acancy is fi%%ed*(ubs- (&) amended by s- &' of Act "#.9! and s- 4# of Act #'.&''!,

(&)

(#)

Any officer in the +ub%ic ser)ice a++ointed under subsection (1) may simu%taneous%y ho%d more than one of the offices mentioned in that subsection(a) Che President of the 1ourt mayA in consu%tation ith the 2inister of <usticeA from

(4)

time to timeA a++oint one or more +ersons to undertake such research or +erform such duties for the 1ourt as the President of the 1ourt may determine(b) Che remuneration and other terms and conditions of ser)ice of a +erson a++ointed in terms of +aragra+h (a) sha%% be as determinedA either genera%%y or in any s+ecific caseA by the President of the 1ourt in consu%tation ith the accounting officer referred to in section &8<(#)-

(5)

Che 2inister of <ustice may de%egate to an officer in the /e+artment of <ustice any of the +o ers )ested in him or her by this section*(- &8? inserted by s- 15 of Act !8.9",

=,J"

4inances and accountability (1) 0x+enditure in connection ith the administration and functioning of the 1ourt sha%% be defrayed from monies a++ro+riated by Par%iament for such +ur+oseRe>uests for the funds needed for the administration and functioning of the 1ourtA as determined by the President of the 1ourt after consu%tation ith the 2inister of <usticeA sha%% be addressed to Par%iament by the 2inister of <ustice in the manner +rescribed for the budgetary +rocess of /e+artments of (tateChe /irectorB$enera% of <ustice or an officer of the /e+artment of <ustice designated by him or her for such +ur+ose sha%%A sub8ect to the 0xche>uer ActA 19!5(Act ;o- "" of 19!5) B (a) be charged ith the res+onsibi%ity of accounting for money recei)ed or +aid out for or on account of the administration and functioning of the 1ourtD and cause the necessary accounting and other re%ated records to be ke+tA hich records sha%% be audited by the AuditorB$enera% a++ointed in terms of section 19# of the 1onstitution*Para- (b) substituted by s- &1 of Act "#.9!, *(- &8< inserted by s- 15 of Act !8.9",

(&)

(#)

(b)

=,E" &cope and eBecution of process of Court (1) Che +rocess of the 1ourt sha%% run throughout the Re+ub%ic and its sentencesA ru%ingsA 8udgmentsA ritsA summonsesA ordersA arrantsA commands and other +rocesses sha%% be executed in any area in %ike manner as if they ere +rocesses of the +ro)incia% di)ision of the (u+reme 1ourt ha)ing 8urisdiction in such area-

(&)

A sheriff or a de+uty sheriff of the (u+reme 1ourt a++ointed for the area in hich any +rocess is to be ser)edA sha%% execute a%% sentencesA ru%ingsA 8udgmentsA ritsA summonsesA ordersA arrantsA commands and other +rocesses of the 1ourt directed to him or her and any reference in this Act to a sheriff or a de+uty sheriff sha%% be deemed to be a reference to a sheriff or de+uty sheriff of the (u+reme 1ourt acting in terms of this sectionA sheriff or de+uty sheriff +erforming his or her duties in terms of this Act sha%% ha)e a%% the +o ers and rights and be sub8ect to a%% the ob%igations and duties a++%icab%e to the execution by such sheriff or de+uty sheriff of the +rocess of the +ro)incia% di)ision of the (u+reme 1ourt for hich he or she is a++ointedChe return of a sheriff or a de+uty sheriff of hat has been done in connection ith any +rocess of the 1ourtA sha%% be +rima facie e)idence of the matters therein statedA refusa% by the sheriff or any de+uty sheriff to do any act hich he or she isA in terms of this ActA em+o ered or ob%iged to doA sha%% be sub8ect to re)ie by the 1ourt on a++%ication ex +arte or on notice as the circumstances may re>uireAny arrant or other +rocess for the execution of a 8udgment gi)en or order issued against any association of +ersonsA cor+orate or unincor+oratedA +artnershi+ or firm may be executed by attachment of the +ro+erty or assets of such associationA +artnershi+ or firm*(- &8@ inserted by s- 15 of Act !8.9",

(#)

(4)

(5)

(")

=,!"

3ffences relating to eBecution Any +erson ho is gui%ty of the conduct referred to in section 4' of the (u+reme 1ourt ActA 1959 (Act ;o- 59 of 1959)A in re%ation to the execution by a sheriff or de+uty sheriff of his or her duties in terms of this ActA sha%% be gui%ty of an offence and %iab%e on con)iction to a fine or to im+risonment for a +eriod not exceeding six months*(- &8L inserted by s- 15 of Act !8.9",

=,2" #itness fees (1) A itness in any +roceedings of the 1ourt and any +erson ho accom+anies any such itness on account of the youth or infirmity of such itnessA sha%% be +aid such a%%o ances as may be +rescribed in terms of section 4& of the (u+reme 1ourt ActA 1959;ot ithstanding anything to the contrary contained in any other %a A the 1ourt may order that no a%%o ances or on%y a +ortion of the +rescribed a%%o ances sha%% be +aid to any itness-

(&)

*(- &82 inserted by s- 15 of Act !8.9",

=,*"

6owers of Court on hearing of appeals Che 1ourt sha%%A at the hearing of any a++ea% in terms of any %a conferring u+on it any a++e%%ate 8urisdictionA ha)e the +o er B (a) (b) to recei)e further e)idenceD to remit the case to the court or other tribuna% of first instance or to the arbitrator concernedA for further hearingA ith such instructions as regards the taking of further e)idence or other ise as the 1ourt considers necessaryD or to confirmA amend or set aside the 8udgmentA order or decision hich is the sub8ect matter of the a++ea% and to gi)e any 8udgmentA order or decision hich the circumstances may re>uireA
*(- &8; inserted by s- 15 of Act !8.9",

(c)

un%ess such %a +ro)ides other ise=,3" Application of provisions of this Chapter in respect of performance by Court of its functions under other legislation Che +ro)isions of this 1ha+ter regu%ating the +roceduresA +o ers and ob%igations of the 1ourt sha%% a++%y mutatis mutandisA to the +erformance by the 1ourt of its functions in terms of any other %a in res+ect of hich it has 8urisdictionA un%ess such a++%ication is exc%uded ex+ress%y or by necessary im+%ication*(- &86 inserted by s- 15 of Act !8.9",

=9" 5ntervention to proceedings before Court' right to appear and legal representation (1) (&) (#) (4) Any interested +ersonA inc%uding an organisationA may a++%y to the 1ourt for %ea)e to inter)ene as a +arty to any +roceedings before the 1ourtChe (tate sha%% ha)e the right to inter)ene as a +arty to a%% +roceedings before the 1ourtAny +arty a++earing before the 1ourt may do so in +erson or may be re+resented by an ad)ocate or attorney3here a +arty can not afford to +ay for %ega% re+resentation itse%fA the 1hief Land 1%aims 1ommissioner may take ste+s to arrange %ega% re+resentation for such +artyA either through the (tate %ega% aid system orA if necessaryA at the ex+ense of the 1ommission*(- &9 substituted by s- 1" of Act !8.9",

3+"

Admissibility of evidence (1) Che 1ourt may admit any e)idenceA inc%uding ora% e)idenceA hich it considers re%e)ant and cogent to the matter being heard by itA hether or not such e)idence ou%d be admissib%e in any other court of %a 3ithout derogating from the genera%ity of the aforegoing subsectionA it sha%% be com+etent for any +arty before the 1ourt to adduce B (a) hearsay e)idence regarding the circumstances surrounding the dis+ossession of the %and right or rights in >uestion and the ru%es go)erning the a%%ocation and occu+ation of %and ithin the c%aimant community concerned at the time of such dis+ossessionD and ex+ert e)idence regarding the historica% and anthro+o%ogica% facts re%e)ant to any +articu%ar c%aim-

(&)

(b) (#) (4)

Che 1ourt sha%% gi)e such eight to any e)idence adduced in terms of subsections (1) and (&) as it deems a++ro+riate3hene)er an orderA 8udgement or other record of the 1ourt is re>uired to be +ro)ed or ins+ected or referred to in any mannerA a co+y of such orderA 8udgment or other record du%y certified as such by the registrar of the 1ourt under its sea% sha%% be +rima facie e)idence thereof ithout +roof of the authenticity of such registrar4s signature*(ubs- (4) added by s- 1! of Act !8.9",

31"

6reFtrial conference (1) Che 1ourt mayA at its o n instance or at the re>uest of any +arty before itA at any stage +rior to the hearing of a matter con)ene a +reBtria% conference of the +arties ith a )ie to c%arifying the issues in dis+uteA identifying those issues on hich e)idence i%% be necessary andA in genera%A ex+editing a decision on the c%aim in >uestionChe 1ourt mayA after the ho%ding of such a +reBtria% conferenceA issue such orders and directions as to the +rocedure to be fo%%o ed before and during the tria% as it deems a++ro+riateules governing procedure (1) Che President of the 1ourt may make ru%es to go)ern the +rocedure of the 1ourtA inc%uding ru%es +ro)iding for B (a) any of the matters %isted in +aragra+hs (a) to (s) of subsection (1) of section " of the Ru%es :oard for 1ourts of La ActA 1985 (Act ;o- 1'! of 1985)A insofar as they are a++ro+riate to the functions of the 1ourtD

(&)

3="

(b) (c)

the circumstances under hich o+inion and ora% e)idence may be submitted to the 1ourtD the sus+ension or execution of 8udgmentsA orders or sentences of the 1ourt +ending B (i) (ii) a++%ications or +etitions for %ea)e to a++ea%D and the +rosecution of a++ea%sD

(cA) the +ractice and +rocedure of the 1ourt in a++%ications in terms of 1ha+ter ???AD and
*Para- (cA) inserted by s- && of Act "#.9!,

(d)

genera%%yA any matter hich may be necessary or usefu% to be +rescribed for the +ro+er des+atch and conduct of the functions of the 1ourt*(ubs- (1) substituted by s- 18 of Act !8.9",

(&) (#)

Che ru%es contem+%ated in subsection (1) sha%% be +ub%ished in the Gazette;ot ithstanding anything to the contrary in this Act or in the ru%es contem+%ated in subsection (1) B (a) the 1ourt mayA at any stage after a c%aim has been referred to itA refer the c%aim back to the 1ommission ith directi)es as to matters hich are to be in)estigated and re+orted on by the 1ommissionD and the 1ourt may conduct any +art of any +roceedings on an informa% or in>uisitoria% basis-

(b) (4) 33"

Che ru%es contem+%ated in subsection (1) sha%% make +ro)ision for the ex+editious hearing of an a++%ication in terms of section #4-

4actors to be ta0en into account by Court ?n considering its decision in any +articu%ar matter the 1ourt sha%% ha)e regard to the fo%%o ing factorsH (a) Che desirabi%ity of +ro)iding for restitution of rights in %and to any +erson or community dis+ossessed as a resu%t of +ast racia%%y discriminatory %a s or +racticesD the desirabi%ity of remedying +ast )io%ations of human rightsD the re>uirements of e>uity and 8usticeD

(b) (c)

(cA) if restoration of a right in %and is c%aimedA the feasibi%ity of such restorationD (d) (e) the desirabi%ity of a)oiding ma8or socia% disru+tionD any +ro)ision hich a%ready existsA in res+ect of the %and in >uestion in any matterA for that %and to be dea%t ith in a manner hich is designed to +rotect and ad)ance +ersonsA or categories of +ersonsA disad)antaged by unfair discrimination in order to +romote the achie)ement of e>ua%ity and redress the resu%ts of +ast racia% discriminationD

(eA) the amount of com+ensation or any other consideration recei)ed in res+ect of the dis+ossessionA and the circumstances +re)ai%ing at the time of the dis+ossessionD (e:) the history of the dis+ossessionA the hardshi+ causedA the current use of the %and and the history of the ac>uisition and use of the %andD (e1) in the case of an order for e>uitab%e redress in the form of financia% com+ensationA changes o)er time in the )a%ue of moneyD (f) any other factor hich the 1ourt may consider re%e)ant and consistent ith the s+irit and ob8ects of the 1onstitution and in +articu%ar the +ro)isions of section 9 of the 1onstitution*(- ## substituted by s- &# of Act "#.9!,

3>" (1)

uling by Court on restoration before final determination of claim Any nationa%A +ro)incia% or %oca% go)ernment body mayA in res+ect of %and hich is o ned by it or fa%%s ithin its area of 8urisdictionA make a++%ication to the 1ourt for an order that the %and in >uestion or any rights in it sha%% not be restored to any c%aimant or +ros+ecti)e c%aimant;otice of any such a++%ication sha%% be gi)en to the 1ommissionA hich sha%% in)estigate and submit a re+ort to the 1ourt on the desirabi%ity of making an order referred to in subsection (1)H Pro)ided that the +ro)isions of sections 1& and 1# sha%% not be so construed that it +rohibits the 1ommission from exercising the +o ers conferred by those sections for the +ur+oses of such in)estigation*(ubs- (&) substituted by s- &4 of Act "#.9!,

(&)

(#)

Any +arty making an a++%ication to the 1ourt in terms of subsection (1) sha%%A at its o n ex+enseA take such ste+s as the re%e)ant regiona% %and c%aims commissioner (or in the case of +roceedings in terms of 1ha+ter ???AA the 1ourt) may direct in order to bring the a++%ication to the attention of other +ersons ho may ha)e an interest thereinA in order that they may make submissions to and a++ear before the 1ourt on the hearing of the a++%ication*(ubs- (#) substituted by s- &4 of Act "#.9!,

(4)

Che regiona% %and c%aims commissioner concerned sha%% take such further ste+s as he or she deems a++ro+riate to bring the a++%ication to the attention of +ersons ho may ha)e an interestAfter hearing an a++%ication contem+%ated in subsection (1)A the 1ourt may B (a) (b) dismiss the a++%icationD order that hen any c%aim in res+ect of the %and in >uestion is fina%%y determinedA the rights in the %and in >uestionA or in +art of the %andA or certain rights in the %andA sha%% not be restored to any c%aimantD make any other order it deems fit*(ubs- (5) substituted by s- &4 of Act "#.9!,

(5)

(c) (")

Che 1ourt sha%% not make an order in terms of subsection (5)(b) un%ess it is satisfied that B (a) (b) it is in the +ub%ic interest that the rights in >uestion shou%d not be restored to any c%aimantD and the +ub%ic or any substantia% +art thereof i%% suffer substantia% +re8udice un%ess an order is made in terms of subsection (5)(b) before the fina% determination of any c%aim*(ubs- (!) de%eted by s- 19 of Act !8.9",

(!) (8)

555Any order made in terms of subsection (5)(b) sha%% be binding on a%% c%aimants to the rights in >uestionA hether such c%aim is %odged before or after the making of the orderJn%ess the 1ourt orders other iseA the a++%icant sha%% not be entit%ed to any order for costs against any other +arty*(ubs- (9) added by s- &4 of Act "#.9!,

(9)

3?"

Court orders (1) Che 1ourt may order B (a) the restoration of %andA a +ortion of %and or any right in %and in res+ect of hich the c%aim or any other c%aim is made to the c%aimant or a ard any %andA a +ortion of or a right in %and to the c%aimant in fu%% or in +artia% sett%ement of the c%aim andA here necessaryA the +rior ac>uisition or ex+ro+riation of the %andA +ortion of %and or right in %andH Pro)ided that the c%aimant sha%% not be a arded %andA a +ortion of %and

or a right in %and dis+ossessed from another c%aimant or the %atter4s ascendantA un%ess B (i) such other c%aimant is or has been granted restitution of a right in %and or has ai)ed his or her right to restoration of the right in %and concernedD or the 1ourt is satisfied that satisfactory arrangements ha)e been or i%% be made to grant such other c%aimant restitution of a right in %andD
*Para- (a) amended by s- 9 of Act 18.99,

(ii)

(b) (c) (d) (e) (&)

the (tate to grant the c%aimant an a++ro+riate right in a%ternati)e stateB o ned %and andA here necessaryA order the (tate to designate itD the (tate to +ay the c%aimant com+ensationD the (tate to inc%ude the c%aimant as a beneficiary of a (tate su++ort +rogramme for housing or the a%%ocation and de)e%o+ment of rura% %andD the grant to the c%aimant of any a%ternati)e re%ief*(ubs- (1) substituted by s- &5 of Act "#.9!,

Che 1ourt may in addition to the orders contem+%ated in subsection (1) B (a) (b) determine conditions hich must be fu%fi%%ed before a right in %and can be restored or granted to a c%aimantD if a c%aimant is re>uired to make any +ayment before the right in >uestion is restored or grantedA determine the amount to be +aid and the manner of +aymentA inc%uding the time for +aymentD if the c%aimant is a communityA determine the manner in hich the rights are to be he%d or the com+ensation is to be +aid or he%dD 555gi)e any other directi)e as to ho its orders are to be carried outA inc%uding the setting of time %imits for the im+%ementation of its ordersD make an order in res+ect of com+ensatory %and granted at the time of the dis+ossession of the %and in >uestionD

(c) (d) (e) (f)

(fA) make a++ro+riate orders to gi)e effect to any agreement bet een the +arties regarding the fina%isation of the c%aimD

(g)

make such orders for costs as it deems 8ustA inc%uding an order for costs against the (tate or the 1ommissionD

*(ubs- (&) amended by s- &' of Act !8.9" and substituted by s- &5 of Act "#.9!,

(#)

An order contem+%ated in subsection (&)(c) sha%% be sub8ect to such conditions as the 1ourt considers necessary to ensure that a%% the members of the dis+ossessed community sha%% ha)e access to the %and or the com+ensation in >uestionA on a basis hich is fair and nonBdiscriminatory to ards any +ersonA inc%uding a tenantA and hich ensures the accountabi%ity of the +erson ho ho%ds the %and or com+ensation on beha%f of the community to the members of such community*(ubs- (#) substituted by s- 9 of Act 18.99,

(4)

Che 1ourt4s +o er to order the restitution of a right in %and or to grant a right in a%ternati)e stateBo ned %and sha%% inc%ude the +o er to ad8ust the nature of the right +re)ious%y he%d by the c%aimantA and to determine the form of tit%e under hich the right may be he%d in future----------

(5)

*(ubs- (5) substituted by s- &5 of Act "#.9! and s- 9 of Act 18.99 and de%eted by s- 1 of Act 48.&''#,

(5A)---------*(ubs- (5A) inserted by s- 9 of Act 18.99 and de%eted by s- 1 of Act 48.&''#,

(")

?n making any a ard of %andA the 1ourt may direct that the rights of indi)idua%s to that %and sha%% be determined in accordance ith the +rocedures set out in the /istribution and Cransfer of 1ertain (tate Land ActA 199# (Act ;o- 119 of 199#)An order of the 1ourt sha%% ha)e the same force as an order of the (u+reme 1ourt for the +ur+oses of the /eeds Registries ActA 19#! (Act ;o- 4! of 19#!)555*(ubs- (8) de%eted by s- &' of Act !8.9",

(!)

(8) (9)

Any stateBo ned %and hich is he%d under a %ease or simi%ar arrangement sha%% be deemed to be in the +ossession of the (tate for the +ur+oses of subsection (1)(a)H Pro)ided thatA if the 1ourt orders the restoration of a right in such %andA the %a fu% occu+ier thereof sha%% be entit%ed to 8ust and e>uitab%e com+ensation determined either by agreement or by the 1ourt*(ubs- (9) substituted by s- &5 of Act "#.9!,

(1') An interested +arty hich is of the o+inion that an order of the 1ourt has not been fu%%y or timeous%y com+%ied ith may make a++%ication to the 1ourt for further directi)es or orders in that regard-

(11) Che 1ourt mayA u+on a++%ication by any +erson affected thereby and sub8ect to the ru%es made under section #&A rescind or )ary any order or 8udgment granted by it B (a) (b) (c) (d) in the absence of the +erson against hom that order or 8udgment as grantedD hich as )oid from its ince+tion or as obtained by fraud or mistake common to the +artiesD in res+ect of hich no a++ea% %iesD or in the circumstances contem+%ated in section 11(5)H

Pro)ided that here an a++ea% is +ending in res+ect of such orderA or here such order as made on a++ea%A the a++%ication sha%% be made to the 1onstitutiona% 1ourt or the A++e%%ate /i)ision of the (u+reme 1ourtA as the case may be*(ubs- (11) added by s- &' of Act !8.9",

(1&) Che 1ourt mayA u+on a++%ication by any +erson affected therebyA or of its o n accord B (a) if a +erson isA in the circumstances contem+%ated in subsection (1)A registered as a +referentia% c%aimantA rescind or )ary the order contem+%ated in that subsectionD correct +atent errors in any order or 8udgment*(ubs- (1&) added by s- &' of Act !8.9",

(b) 3?A"

2ediation (1) ?f at any stage during +roceedings under this Act or any other Act conferring 8urisdiction u+on the 1ourt it becomes e)ident that there is any issue hich might be reso%)ed through mediation and negotiationA the 1ourt may make an order B (a) (b) (&) directing the +arties concerned to attem+t to sett%e the issue through a +rocess of mediation and negotiationD that such +roceedings be stayed +ending such +rocess*(ubs- (1) amended by s- # of Act "1.98,

(a) An order contem+%ated in subsection (1) sha%% s+ecify the time hen and the +%ace here such +rocess is to start-

(b)

Che 1ourt sha%% a++oint a fit and +ro+er +erson as mediator to chair the first meeting bet een the +artiesH Pro)ided that the +arties may at any time during the course of mediation or negotiation by agreement a++oint another +erson to mediate the dis+ute-

(#)

A mediator a++ointed in terms of subsection (&)(b) ho is not in the fu%%Btime ser)ice of the (tate may be +aid such remuneration and a%%o ances in res+ect of the ser)ices +erformed by him or her as may be determined by the 2inister in consu%tation ith the 2inister of =inance and the President of the 1ourtA%% discussion taking +%ace and a%% disc%osures and submissions made during the mediation +rocess sha%% be +ri)i%egedA un%ess the +arties agree to the contrary*(- #5A inserted by s- &" of Act "#.9!,

(4)

3(" (1)

eview of decisions of Commission Any +arty aggrie)ed by any act or decision of the 2inisterA 1ommission or any functionary acting or +ur+orted%y acting in terms of this Act may a++%y to ha)e such act or decision re)ie ed by the 1ourt*(ubs- (1) substituted by s- &1 of Act !8.9",

(&)

Che 1ourt sha%% exercise a%% of the (u+reme 1ourt4s +o ers of re)ie ith regard to such mattersA to the exc%usion of the +ro)incia% and %oca% di)isions thereof-

3@"

Appeals from Court (1) ;o a++ea% sha%% %ie against a 8udgment or order of the 1ourt exce+t ith %ea)e of the 1ourt orA here such %ea)e has been refusedA ith the %ea)e of the (u+reme 1ourt of A++ea%*(ubs- (1) substituted by s- &! of Act "#.9!,

(&)

An a++ea% from a 8udgment or order of the 1ourt sha%% be heard by the (u+reme 1ourt of A++ea%*(ubs- (&) amended by s- &! of Act "#.9!,

(#)

Che (u+reme 1ourt of A++ea% mayA in granting %ea)e to a++ea%A )ary any order for costs made by the 1ourt in refusing %ea)e to a++ea%*(ubs- (#) amended by s- &! of Act "#.9!,

(4)

Che +o er to grant %ea)e to a++ea% as contem+%ated in subsection (1) B (a) sha%% not be %imited by reason on%y of the )a%ue of the matter in dis+ute or the amount c%aimed or a arded in the suit or by reason on%y of the fact that the matter in dis+ute is inca+ab%e of being )a%ued in moneyD and

(b) (5)

sha%% be sub8ect to the +ro)isions of any other %a hich s+ecifica%%y %imits it or s+ecifica%%y grantsA %imits or exc%udes any right of a++ea%-

Lea)e to a++ea% may be granted sub8ect to such conditions as the 1ourt or the (u+reme 1ourt of A++ea%A as the case may beA considers a++ro+riateA inc%uding a condition that the a++%icant sha%% find security for the costs of the a++ea%*(ubs- (5) amended by s- &! of Act "#.9!,

(")

Che (u+reme 1ourt of A++ea% may grant %ea)e to a++ea% on a++%ication made to it ithin 15 daysA or such %onger +eriod as may on good cause be a%%o edA after the 1ourt has refused %ea)e to a++ea%*(ubs- (") amended by s- &! of Act "#.9!,

(!)

(a) (") B

An a++%ication to the (u+reme 1ourt of A++ea% in terms of subsection (i) (ii) sha%% be brought on notice of motion su++orted by an affida)it as to the facts u+on hich the a++%icant re%ies for re%iefD sha%% be addressed to the registrar of the (u+reme 1ourt of A++ea%A to the registrar of the 1ourt and to a%% other +arties in the +roceedings before the 1ourt-

(b)

Che a++%ication sha%% be considered by t o 8udges of the (u+reme 1ourt of A++ea% designated by the 1hief <usticeA and in the case of a difference of o+inionA a%so by the 1hief <ustice or any other such 8udge so designatedChe 8udges considering the a++%ication may order that the a++%ication be argued before them at a time and +%ace a++ointedA and mayA hether or not they ha)e so ordered B (i) (ii) grant or refuse the a++%icationD or refer the a++%ication to the (u+reme 1ourt of A++ea% for considerationA hether u+on argument or other iseA

(c)

and here an a++%ication has been so referredA the (u+reme 1ourt of A++ea% may thereu+on grant or refuse the a++%ication(d) Che decision of the ma8ority of the 8udges considering the a++%icationA or the decision of the (u+reme 1ourt of A++ea%A as the case may beA to grant or refuse the a++%ication sha%% be fina%-

(e)

;otice of the date and +%ace fixed for the hearing of the a++%ication sha%% be gi)en to the a++%icant and the res+ondent by the registrar of the (u+reme 1ourt of A++ea%*(ubs- (!) amended by s- &! of Act "#.9!,

(8)

Che (u+reme 1ourt of A++ea% sha%%A on the hearing of any a++ea% from the 1ourt ha)e the +o er B (a) (b) to recei)e further e)idenceD to remit the case to the 1ourt for further hearingA ith such instructions as regards the taking of further e)idence or other ise as the (u+reme 1ourt of A++ea% considers necessaryD or to confirmA amend or set aside the 8udgment or order hich is the sub8ect of the a++ea% and to gi)e any 8udgment or make any order hich the circumstances may re>uire*(ubs- (8) amended by s- &! of Act "#.9!,

(c)

(9)

;othing in this section contained sha%% be construed as +re)enting an a++ea% from a 8udgment or order of the 1ourt being made direct%y to the 1onstitutiona% 1ourtA if such an a++ea% is a%%o ed by nationa% %egis%ation and by the ru%es of the 1onstitutiona% 1ourt-

(1') =or the +ur+oses of this section KK(u+reme 1ourt of A++ea%44 means the (u+reme 1ourt of A++ea% referred to in section 1"8 of the 1onstitution*(ubs- (1') added by s- &! of Act "#.9!, *(- #! substituted by s- && of Act !8.9",

3,"

/ecisions of Court a matter of public record Che decisions of the 1ourt sha%% be a matter of +ub%ic record on the same basis as decisions of a 9igh 1ourt*(- #8 amended by s- &8 of Act "#.9!,

C$A6T% 555A /5 %CT ACC%&& T3 C37 T 3,A" /efinitions ?n this 1ha+terA un%ess the context indicates other ise B :/irectorF1eneral; means the /irectorB$enera% of Land AffairsD :registrar; means the registrar of the 1ourtD

:the regional land claims commissioner; means the regiona% %and c%aims commissioner ha)ing 8urisdiction in res+ect of the %and to hich an a++%ication in terms of this 1ha+ter re%ates*(- #8A inserted by s- &9 of Act "#.9!,

3,D"

Application to Court for restitution of right in land (1) ;ot ithstanding anything to the contrary contained in this ActA any +erson ho or the re+resentati)e of any community hich is entit%ed to c%aim restitution of a right in %and and has %odged a c%aim not %ater than #1 /ecember 1998 may a++%y to the 1ourt for restitution of such rightH Pro)ided that %ea)e of the 1ourt to %odge such a++%ication sha%% first be obtained if B (a) (b) an order has been made by the 1ourt in terms of section #5 in res+ect of a right re%ating to that %andD or a notice has been +ub%ished in the Gazette in terms of section 1&(4) or #8/(1) in res+ect of that %and and the +eriod s+ecified in the said notice has ex+ired*(ubs- (1) amended by s- 1' of Act 18.99,

(&) (#)

An a++%ication contem+%ated in subsection (1) sha%% be in the form +rescribed by the ru%esChe regiona% %and c%aims commissioner may at any stage after the %odgement of an a++%ication contem+%ated in subsection (1) sus+end the in)estigation of any c%aim %odged in terms of section 1' in res+ect of the %and in >uestion unti% B (a) (b) the 1ourt has ordered that the sus+ension be %iftedD or the a++%ication hasA in accordance ith the ru%esA been ithdra nA

and the a++%icant has informed the regiona% %and c%aims commissioner according%y(4) Che 1ourt may at any stage of the +roceedings order that a%% c%aims %odged in terms of section 1' in res+ect of the %and in >uestion be transferred to the 1ourtA hereu+on the regiona% %and c%aims commissioner sha%% for ard ithout de%ay a%% documents in his or her +ossession +ertaining to such c%aims to the registrar3here a%% interested +arties ha)e reached agreement as to ho the c%aim shou%d be fina%isedA the 1ourt may make the agreement an order of the 1ourtAfter hearing the a++%icationA the 1ourt may B

(5) (")

(a) (b) (c)

make any order in terms of section #5D dismiss the a++%icationD transfer a%% the c%aims before the 1ourt in res+ect of the %and in >uestion to the regiona% %and c%aims commissionerH Pro)ided that the regiona% %and c%aims commissioner sha%% not by )irtue of such transfer be ob%iged to gi)e +riority to any c%aim so transferredD make no order thereon but grant %ea)e for the a++%icant to rene the a++%ication on the same +a+ers su++%emented by such further affida)its and documents as the case may re>uire*(- #8: inserted by s- &9 of Act "#.9!,

(d)

3,C"

eports by regional land claims commissioner or /irectorF1eneral Che regiona% %and c%aims commissioner or the /irectorB$enera% mayA of his or her o n accordA fi%e a re+ort in any a++%ication in terms of this 1ha+ter and sha%% do so if so directed by the 1ourt*(- #81 inserted by s- &9 of Act "#.9!,

3,/"Time limit for applications for leave to intervene under certain circumstances (1) ?f at any stage during +roceedings under this 1ha+ter the 1ourt is satisfied that it is necessary or a++ro+riate that a%% c%aims for restitution in res+ect of the %and in >uestion be considered at the same timeA it may direct the a++%icant to +ub%ish in the Gazette and in such other manner as it deems a++ro+riateA a notice ad)ising +otentia% c%aimants of its decision and in)iting them to a++%y for %ea)e to inter)ene in the a++%ication or action ithin the +eriod s+ecified in such noticeAfter the ex+iry of the +eriod contem+%ated in subsection (1) B (a) (b) (c) no c%aim in res+ect of the %and in >uestion sha%% be %odged ith the regiona% %and c%aims commissionerD no a++%ication for %ea)e to inter)ene in order to enforce restitution of a right in such %and sha%% be %odged ith the registrarD no a++%ication to the 1ourt in terms of section #8: sha%% be %odged ith the registrar in res+ect of the %and in >uestionH

(&)

Pro)ided that the 1ourt may a%%o a c%aimant or a++%icant on good cause sho nA to %odge such a c%aim or a++%ication after the ex+iry of such +eriodA but not %ater than #1 /ecember 1998*(- #8/ inserted by s- &9 of Act "#.9!,

3,%"

Additional powers of Court Che 1ourt mayA during +roceedings under this 1ha+ter and sub8ect to such terms and conditions as it may determine B (a) make an order B (i) +rohibiting or setting aside the sa%eA exchangeA donationA %easeA subdi)isionA reGoning or de)e%o+ment of %and to hich an a++%ication re%atesA if it is satisfied that such sa%eA exchangeA donationA %easeA subdi)isionA reGoning or de)e%o+ment B (aa) defeats or i%% defeat the achie)ement of the ob8ects of this ActD (bb) (ii) as not or i%% not be done in good faithD

+rohibiting the e)iction of any c%aimant ho as resident on the %and in >uestion at the date of commencement of this ActD

(iii) +rohibiting the remo)a%A destruction or damaging of im+ro)ements u+on the %and in >uestionD (i)) +rohibiting the entering u+on and occu+ation of the %and in >uestion ithout the +ermission of the o ner or %a fu% occu+ierD (b) (c) (d) direct the 1ommission or the /irectorB$enera% to +erform any function necessary or ex+edient for the exercise of its +o ers in terms of this 1ha+terD on good cause sho n condone any de)iation from or noncom+%iance ith the +ro)isions of this 1ha+ter or the ru%esD make recommendations to the 2inister regarding the most a++ro+riate form of a%ternati)e re%iefA if anyA for those c%aimants ho do not >ua%ify for the restitution of rights in %and in terms of the ActD and make such other order as in the circumstances a++ears to be 8ust*(- #80 inserted by s- &9 of Act "#.9!, *1ha+ter ???A inserted by s- &9 of Act "#.9!,

(e)

C$A6T% 59 25&C%!!A*%37& 6 395&53*& 39" egister of public land

?n order to faci%itate the ork of the 1ommission and the 1ourtA the 2inister may take a%% necessary ste+s to com+i%e a register of +ub%ic %andA hich register sha%% be o+en to ins+ection by c%aimants and +ros+ecti)e c%aimants>+" egulations Che 2inister may make regu%ations regarding B (a) (b) >1" (1) any matter re>uired or +ermitted to be +rescribed in terms of this ActD and genera%%yA a%% matters hich in his or her o+inion are necessary or ex+edient to be +rescribed in order to achie)e the ob8ects of this Actepeal of laws' and savings (ections 88A u+ to and inc%uding 9"A of the Abo%ition of Racia%%y :ased Land 2easures ActA 1991 (Act ;o- 1'8 of 1991)A and the Abo%ition of Racia%%y :ased Land 2easures Amendment ActA 199# (Act ;o- 11' of 199#)A are hereby re+ea%ed?f an a++%ication asA before the commencement of this ActA %odged ith the 1ommission on Land A%%ocation estab%ished in terms of section 89 of the Abo%ition of Racia%%y :ased Land 2easures ActA 1991 (Act ;o- 1'8 of 1991) and that 1ommission hasA before the commencement of this Act B (a) (b) made a recommendation in res+ect of such a++%icationA such a++%ication sha%% on re>uest of any interested +artyD or not made any order or recommendation in res+ect of such a++%ication such a++%ication sha%%A

(&)

sub8ect to the +ro)isions of subsection (#)A be deemed to ha)e been %odged ith the 1ommission in accordance ith the +ro)isions of section 1'(1)(#) Che regiona% %and c%aims commissioner ha)ing 8urisdiction may B (a) direct any a++%icant in res+ect of an a++%ication referred to in subsection (&) to +ro)ide the 1ommission ith any further information re%e)ant to the a++%icationD and in res+ect of an a++%ication referred to in subsection (&)A ai)e com+%iance ith any or a%% of the +rocedures +rescribed by or under this Act-

(b)

>="

Transfer duty and fees

(1)

Che 2inister may direct that any transfer duty or other fees +ayab%e by a c%aimant in res+ect of any transfer of %and or of a right in %and in terms of this Act sha%% be defrayed in fu%% or in +art from money a++ro+riated by Par%iament for that +ur+oseChe 2inister mayA in consu%tation ith the 2inister of =inanceA direct that no transfer dutyA stam+ duty or other fees contem+%ated in subsection (1) sha%% be +aid in res+ect of a +articu%ar transfer under this Actegistration of land in name of claimant

(&)

>=A" (1)

3hereA in terms of this ActA %and is ac>uired or ex+ro+riated in order to restore or a ard the %and to a c%aimantA such %and )ests in the (tateA hich must transfer it to the c%aimant*(ubs- (1) substituted by s- & of Act 48.&''#,

(&)

;o dutyA fee or other charge is +ayab%e in res+ect of any registration in terms of subsection (1)*(- 4&A inserted by s- #' of Act "#.9!,

>=D"

Certain laws not applicable in respect of land restored or awarded (1) Che %a s go)erning the subdi)ision of agricu%tura% %and sha%% not a++%y in res+ect of any subdi)ision undertaken in order to restore or a ard %and to any c%aimant in terms of this ActChe %a s go)erning the estab%ishment of to nshi+s sha%% not a++%y to %and restored or a arded to any c%aimant in terms of this ActA as %ong as that %and is +redominant%y occu+ied by that c%aimant*(- 4&: inserted by s- #' of Act "#.9!,

(&)

>=C"

4inancial aid (1) Che 2inister may from money a++ro+riated by Par%iament for this +ur+ose and on such conditions as he or she may determineA grant an ad)ance or a subsidy for the de)e%o+ment or management ofA or to faci%itate the sett%ement of +ersons onA %and hich is the sub8ect of an order of the 1ourt in terms of this Act or an agreement in terms of section 14(#) or 4&/ or hich is ex+ro+riated in terms of section 4&0A to B (a) (b) (c) any c%aimant to hom restoration or the a ard of a right in %and has been orderedD any c%aimant ho has entered into an agreement contem+%ated in section 14(#) or 4&/D any +erson resett%ed on such %and-

*(ubs- (1) substituted by s- 4 of Act "1.98 and s- 11 of Act 18.99 and amended by s- # of Act 48.&''#,

(&) (#)

=or the +ur+oses of subsection (1) Ede)e%o+ment of %andF inc%udes the faci%itation of the +%anning of any de)e%o+ment of %andChe 2inister mayA either in genera% or in a +articu%ar case or in cases of a +articu%ar nature and on such conditions as he or she may determineA de%egate any +o er conferred by subsection (1) B (a) (b) (c) (d) (e) to any officer in the /e+artment of Land AffairsD to a Premier of a +ro)inceD ith the concurrence of the Premier of a +ro)inceA to another member of the 0xecuti)e 1ounci% of that +ro)inceD ith the concurrence of a 2unici+a% 1ounci%A to any member of that 2unici+a% 1ounci%D or ith the concurrence of the re%e)ant 2inisterA to any officer in any other organ of state-

(4)

Any de%egation of a +o er under subsection (#) B (a) (b) (c) sha%% be done in ritingD sha%% not +re)ent the 2inister from exercising that +o er himse%f or herse%fD and may at any time be ithdra n in riting by the 2inister-

(5)

Che 2inister may in riting for the +ur+oses of the de)e%o+ment of %and contem+%ated in subsection (1) transfer funds contem+%ated in that subsection to any organ of state*(- 4&1 inserted by s- #' of Act "#.9!,

>=/"

6owers of 2inister in case of certain agreements (1) ?f the 2inister is satisfied that a c%aimant is entit%ed to restitution of a right in %and in terms of section &A and that the c%aim for such restitution as %odged not %ater than #1 /ecember 1998A he or she may enter into an agreement ith the +arties ho are interested in the c%aim +ro)iding for one or more of the fo%%o ingH (a) Che a ard to the c%aimant of %andA a +ortion of %and or any other right in %and H Pro)ided that the c%aimant sha%% not be a arded %andA a +ortion of

%and or a right in %and dis+ossessed from another c%aimant or the %atter4s ascendantA un%ess B (i) such other c%aimant is or has been granted restitution of a right in %and or has ai)ed his or her right to restoration of the right in %and in >uestionD or the 2inister is satisfied that satisfactory arrangements ha)e been or i%% be made to grant such other c%aimant restitution of a right in %andD

(ii)

(b) (c) (d) (e) (f) (&)

the +ayment of com+ensation to such c%aimantD both an a ard and +ayment of com+ensation to such c%aimantD ---------*Para- (d) de%eted by s- 4 of Act 48.&''#,

the manner in hich the rights a arded are to be he%d or the com+ensation is to be +aid or he%dD or such other terms and conditions as the 2inister considers a++ro+riate-

?f the c%aimant contem+%ated in subsection (1) is a communityA the agreement must +ro)ide for a%% the members of the dis+ossessed community to ha)e access to the %and or the com+ensation in >uestionA on a basis hich is fair and nonBdiscriminatory to ards any +ersonA inc%uding a tenantA and hich ensures the accountabi%ity of the +erson ho ho%ds the %and or com+ensation on beha%f of such community to the members of the communityChe 2inister may de%egate any +o er conferred u+on him or her by subsection (1) or section 4&1 to the /irector $enera% of Land Affairs or any other officer of the (tate or to a regiona% %and c%aims commissionerChe /irector $enera% of Land Affairs may ith the consent of the 2inister de%egate to any officer of the (tate or a regiona% %and c%aims commissioner any +o er de%egated to the /irector $enera% under subsection (#)Any de%egation under subsection (#) or (4) may be made either in genera% or in a +articu%ar case or in cases of a +articu%ar nature and on such conditions as may be determined by the 2inister or the /irector $enera% of Land AffairsA as the case may beA and the 2inister or the /irector $enera% is not thereby di)ested of any +o er so de%egated0x+enditure in connection ith the exercise of the +o ers conferred by subsection (1) sha%% be defrayed from moneys a++ro+riated by Par%iament for that +ur+ose-

(#)

(4)

(5)

(")

(!)

Che +ro)isions of subsections (1) to (") and section 4&1 sha%% a++%y mutatis mutandis in res+ect of an agreement entered into before the commencement of the Land Restitution and Reform La s Amendment ActA 1999A in terms of hich a c%aimant has ai)ed any or a%% of his or her rights to re%ief under this Act*(- 4&/ inserted by s- #' of Act "#.9! and substituted by s- 1& of Act 18.99,

>=%"

Ac.uisition of land' portion of land or right in land for land reform purposes (1) Che 2inister may +urchaseA ac>uire in any other manner orA consistent ith the +ro)isions of section # of the Promotion of Administrati)e <ustice ActA &''' (Act ;o- # of &''')A ex+ro+riate %andA a +ortion of %and or a right in %andB (a) in res+ect of hich a c%aim in terms of this Act has been %odgedA for the +ur+ose ofB (i) restoring or a arding such %andA +ortion of %and or right in %and to a c%aimant ho is entit%ed to restitution of a right in %and in terms of section &D or +ro)iding a%ternati)e re%ief as contem+%ated in section "(&)(b)D and

(ii) (b)

in res+ect of hich no such c%aim has been %odged but the ac>uisition of hich is direct%y re%ated to or affected by such c%aimA and hich i%% +romote the achie)ement of the +ur+ose contem+%ated in +aragra+h (a)-

(&)

Che 0x+ro+riation ActA 19!5 (Act ;o- "# of 19!5)A sha%%A ith the necessary changesA a++%y to an ex+ro+riation under this ActA and any reference to the 2inister of Pub%ic 3orks in that Act must be construed as a reference to the 2inister for the +ur+ose of such ex+ro+riation3here the 2inister ex+ro+riates %andA a +ortion of %and or a right in %and under this ActA the amount of com+ensation and the time and manner of +ayment sha%% be determined either by agreement or by the 1ourt in accordance ith section &5(#) of the 1onstitutionChe ru%es of the 1ourt made under section #& sha%% go)ern the +rocedure of the 1ourt in the determination of com+ensation in terms of subsection (#)*(- 4&0 inserted by s- 5 of Act 48.&''#,

(#)

(4)

>3"

&hort title and commencement

(1)

Chis Act sha%% be ca%%ed the Restitution of Land Rights ActA 1994A and sha%% come into o+eration on a date fixed by the President by +roc%amation in the Gazette/ifferent dates may be fixed in res+ect of different 1ha+ters of this Act-

(&)