Restitution of Land Rights Amendment Act

Link to law: http://www.gov.za/documents/restitution-land-rights-amendment-act-1
Published: 2014-07-01

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Restitution of Land Rights Amendment Act
Please note that most Acts are published in English and another South African official language. Currently we only have capacity to publish the English versions.
This means that this document will only contain even numbered pages as the other language is printed on uneven numbered pages.
Government Gazette
REPUBLIC OF SOUTH AFRICA
Vol. 589 Cape Town 1 July 2014 No. 37791
THE PRESIDENCY
No. 526 1 July 2014 It is hereby notified that the President has assented to the following Act, which is hereby published for general information:–
Act No. 15 of 2014: Restitution of Land Rights Amendment Act, 2014

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GENERAL EXPLANATORY NOTE:
[ ] Words in bold type in square brackets indicate omissions from existing enactments.
Words underlined with a solid line indicate insertions in existing enactments.
ACT To amend the Restitution of Land Rights Act, 1994, so as to amend the cut-off date for lodging a claim for restitution; to further regulate the appointment, tenure of office, remuneration and the terms and conditions of service of judges of the Land Claims Court; to make further provision for the advertisement of claims; to create certain offences; to extend the Minister’s powers of delegation; and to provide for matters connected therewith.
BE IT ENACTED by the Parliament of the Republic of South Africa, asfollows:— Amendment of section 2 of Act 22 of 1994
1. Section 2 of the Restitution of Land Rights Act, 1994 (Act No. 22 of 1994) (hereinafter referred to as the principal Act), is hereby amended by the substitution for paragraph (e) of subsection (1) of the following paragraph:
‘‘(e) the claim for such restitution is lodged not later than [31 December 1998] 30 June 2019.’’.
Amendment of section 6 ofAct 22 of 1994, as amended by section 3 ofAct 78 of 1996 and section 5 of Act 63 of 1997
2. Section 6 of the principal Act is hereby amended— (a) by the deletion in subsection (1) of the full stop at the end of paragraph (f) and
the insertion of the expression ‘‘; and’’ at the end of that paragraph; (b) by the insertion in subsection (1) after paragraph (f) of the following
paragraph: ‘‘(g) ensure that priority is given to claims lodged not later than 31
December 1998 and which were not finalised at the date of the commencement of the Restitution of Land Rights Amendment Act, 2014.’’; and
(c) by the insertion after subsection (1) of the following subsection: ‘‘(1A) (a) The Commission shall establish and keep a Register which
shall be known as the National Land Restitution Register. (b) The Commission shall enter into the Register the details of all land
restitution claims from the date of the commencement of the Restitution of Land Rights Amendment Act, 2014.
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(English text signed by the President) (Assented to 29 June 2014)
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(c)The Commission shall keep the Register up to date and the Register shall be open to the public subject to the Promotion of Access to Information Act, 2000 (Act No 2 of 2000).’’.
Amendment of section 11 of Act 22 of 1994, as amended by section 5 of Act 78 of 1996, section 7 of Act 63 of 1997 and section 4 of Act 18 of 1999
3. Section 11 of the principal Act is hereby amended by the substitution in subsection (1) for the words following paragraph (c) of the following words:
‘‘he or she shall cause notice of the claim to be published in the Gazette and in the media circulating nationally and in the relevant province, and shall take steps to make it known in the district in which the land in question is situated.’’.
Amendment of section 12 of Act 22 of 1994
4. Section 12 of the principalAct is hereby amended by the substitution for subsection (5) of the following subsection:
‘‘(5) No claim in respect of a matter contemplated in subsection (4) shall be lodged after the expiry of the period specified in the said notice: Provided that the Commission may allow a claimant on good cause shown, to lodge a claim after the expiry of such period, but not later than [31 December 1998] 30 June 2019.’’.
Substitution of section 17 of Act 22 of 1994
5. The following section is hereby substituted for section 17 of the principal Act:
‘‘Offences and penalties
17. (1) Any person who— (a) contravenes the provisions of section 11(7)(a), (aA), (b), (c) or (d); (b) having been directed to appear before a member of the Commission
and to produce documents or objects in terms of section 12(1)(c), fails to appear at the specified time and place or to produce such documents or objects;
(c) hinders or obstructs the Commission in the performance of its functions;
(d) prevents or attempts to prevent a duly authorised officer contemplated in section 8, or a person or organisation appointed in terms of section 9, from performing a function in terms of this Act;
(e) prevents, obstructs or unduly influences a claimant or any other person from pursuing his or her rights provided for in this Act,
shall be guilty of an offence and liable on conviction to [a fine or to] imprisonment for a period not exceeding [three] six months or to an appropriate fine determined in terms of the Adjustment of Fines Act, 1991 (Act No. 101 of 1991). (2) Any person who lodges a claim with the intention of defrauding the
state shall be guilty of an offence and liable on conviction to a fine or imprisonment or both, determined in respect of the offence of fraud.’’.
Amendment of section 22 of Act 22 of 1994
6. Section 22 of the principal Act is hereby amended— (a) by the substitution for subsections (3), (4), (5), (6) and (7) of the following
subsections: ‘‘(3) The Court shall consist of a Judge President and so many judges
as may be determined by the President. (4) The Judge President and judges of the Court, each of whom must
be a judge of the High Court of South Africa, are appointed by the President acting on the advice of the Judicial Service Commission.
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(5) When the office of the Judge President of the Court is vacant, or when the Judge President of the Court is temporarily unable to perform the functions of that office for any reason, the longest serving judge of the Court must perform the functions of Judge President of the Court. (6) The Judge President and any other judge of the Court is appointed
for a fixed term determined by the President at the time of appointment and holds office until— (a) the expiry of the term; (b) the date the judge ceases to be a judge of the High Court; or (c) the judge resigns from the Court by giving written notice to the
President, whichever occurs first. (7) The tenure of office, the remuneration and the terms and conditions
of service applicable to a judge of the High Court in terms of the Judges’ Remuneration and Conditions of Employment Act, 2001 (Act No. 47 of 2001), are not affected by the appointment and concurrent tenure of office of that judge who is appointed as a judge of the Court.’’; and
(b) by the substitution for subsection (8) of the following subsection: ‘‘(8) In case of a vacancy in the office of the Judge President or judge
of the Court or if there is sufficient reason the [President of the Republic] Minister of Justice and Constitutional Development may, after consultation with the Judge President of the Court, and in accordance with section 175(2) of the Constitution, appoint an acting judge of the Court for such term as [the] that [President of the Republic] Minister shall determine[: Provided that the Minister of Justice, after consultation with the President of the Court, maymake such an appointment in respect of a term not exceeding one month].’’.
Insertion of section 22A in Act 22 of 1994
7. The following section is hereby inserted after section 22 of the principal Act:
‘‘Transitional arrangements
22A. A judge of a High Court who, on the date of commencement of the Restitution of Land Rigths Amendment Act, 2014, was seconded to the Land Claims Court in terms of section 26A, becomes a judge of the Court except where such a judge indicates, in writing to the Secretary of the Judicial Service Commission, that he or she does not wish to hold a concurrent appointment as a judge of the Court.’’.
Repeal of section 23 of Act 22 of 1994
8. Section 23 of the principal Act is hereby repealed.
Repeal of section 26 of Act 22 of 1994
9. Section 26 of the principal Act is hereby repealed.
Repeal of section 26A of Act 22 of 1994
10. Section 26A of the principal Act is hereby repealed.
Amendment of section 38B of Act 22 of 1994
11. Section 38B of the principal Act is hereby amended by the substitution for the words preceding paragraph (a) of subsection (1) of the following words:
‘‘(1) Notwithstanding anything to the contrary contained in this Act, any person who or the representative of any community which is entitled to claim restitution of a right in land and has lodged a claim not later than [31 December 1998] 30 June
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2019 may apply to the Court for restitution of such right: Provided that leave of the Court to lodge such application shall first be obtained if—’’.
Amendment of section 38D of Act 22 of 1994
12. Section 38D of the principal Act is hereby amended by the substitution in subsection (2) for the words following paragraph (c) of the following words:
‘‘Provided that the Court may allow a claimant or applicant, on good cause shown, to lodge such a claim or application after the expiry of such period, but not later than [31 December 1998] 30 June 2019.’’.
Amendment of section 42D of Act 22 of 1994
13. Section 42D of the principal Act is hereby amended— (a) by the substitution in subsection (1) for the words preceding paragraph (a) of
the following words: ‘‘(1) If the Minister is satisfied that a claimant is entitled to restitution
of a right in land in terms of section 2, and that the claim for such restitution was lodged not later than [31 December 1998] 30 June 2019, he or she may enter into an agreement with the parties who are interested in the claim providing for one or more of the following:’’;
(b) by the insertion after subsection (1) of the following subsection: ‘‘(1A) In considering a decision to enter into an agreement contem-
plated in subsection (1), the Minister shall have regard to the factors set out in section 33.’’; and
(c) by the substitution for subsection (3) of the following subsection: ‘‘(3) The Minister may delegate any power conferred upon him or her
by subsection (1) or [section] sections 42C and 42E to the Director- General of Rural Development and Land Reform, [or any other officer of the State] or to the Chief Land Claims Commissioner or a regional land claims commissioner.’’.
Short title
14. This Act is called the Restitution of Land Rights Amendment Act, 2014.
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