Restitution of Land Rights Amendment Act [No. 48 of 2003]
REPUBLIC OF SOUTH AFRICA
Vol. 464 Cape Town 4 February 2004 No. 25972
THE PRESIDENCY No. 112 4 February 2004
It is hereby notified that the President has assented to the following Act, which is hereby published for general information:–
No. 48 of 2003: Restitution of Land Rights Amendment Act, 2003.
Art So. JS. 2003 RESTITL'TION OF L..AND RIGHTS AMENDMENT ACT. 2003
GENERAL EXPLANATORY NOTE:
[ ] Words in bold type insquare b ackets 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 empower the RIinister of Land Affairs to purchase, acquire in any other manner or expropriate land, a portion of land or a right in land for the purpose f the restoration or award of such land, portion of land or right in land to a claimant or for any other related land reform purpose; and to provide for matters connected therewith.
B E IT ENACTED by the Parliament of the Republic of South Africa. as follo\vs:- Amendment of section 35 of Act 22 of 1994, as amended by section 20 of Act 78 of 1996, section 25 of Act 63 of 1997 and section 9 of Act 18 of 1999
1. Section 35 of the Restitution of Land Rights Act. 1993 (Act No. 22 of 1991) 3 (hereinafter referred to as the principal Act). is hereby amended by the deletion of subsections ( 5 ) and (5A).
Amendment of section 12A of Act 22 of 1994, as inserted by section 30 of Act 63 of 1997
2. Section 42A of the principal Act is hereby amended by the substitution for I O
' * ( 1 ) Where. i n terms of this Act, [the Court orders the State to acquire or subsection ( I ) of the following subsection:
expropriate] land is acquired or expropriated in order to restore or award the land t o a claimant. [the claimant shall become owner thereof on the date of such acquisition or expropriation] such land vests in the State. \\,hich must transfer i t 15 t o the claimant.".
Amendment of section 32C of Act 22 of 1994, as inserted by section 30 of Act 63 of 1997 and amended by section 4 of Act 61 of 1998 and by section 11 of Act 18 of 1999
3. Section 42C of the principal Act is hereby amended by the substitution for subsection (1) of the following subsecti n: 20
"(1) The Minister may from money appropriated by Parliament for this purpose and on such conditions as he or she may determine. grant an advance or a subsidy for the development or management of, or to facilitate the settlement of persons on, land which is the subject of an order of the Court in terms of this Act or an agreement in terms of section 14(3) or 42D or which is expropriated in terms 25 of section 42E. t c r
1 N o . 2.5972 GOVERNMENTGAZETTL. 4 kEBKI'ARJ' 2004
Act No. 48.2003 RESTITUTION OF LAND RIGHTS AMENDMENT ACT. 2003
f t r ) any claimant to whom restoration or the award of a right in land has been
ibi any claimant who has entered into an agreement contemplated i n section 1 4 3 I
(cJ any person resettled [as a result of an order of the Court] on such land.". 5
Amendment of section 42D of Act 22 of 1994, as inserted by section 30 of Act 63 of 1997 and substituted by section 12 of Act 18 of 1999
4. Section 42D of the principal Act is hereby amended by the deletion in subsection ( I of paragraph (d).
Insertion of section 42E in Act 22 of 1994 1 0
5. The following section is hereby inserted in the principal Act after section 42D:
"Acquisition of land, portion of land or right in land for land reform purposes
42E. (1) The Minister may purchase. acquire in any other manner or. consistent with the provisions of section 3 of the Promotion of Adminih- trative Justice Act. 2000 (Act No. 3 of 2000), expropriate land, a portion of land or a right in land- (a i in respect of which a claim in terms of this Act has been lodged. for the
purpose of- (i) restoring or awarding such land, portion of land or right in land
to a claimant who is entitled to restitution of a right in land i n terms of section 2; or
(ii) providing alternative relief as contemplated in section 6(2)fhJ: and
( 0 ) in respect of which no such claim has been lodged but the acquisition of which is directly related to or affected by such claim. and which will promote the achievement of the purpose contemplated i n paragraph fa).
( 2 ) The Expropriation Act, 1975 (Act No. 63 of 1975). shall, with the necessary changes. apply to an expropriation under this Act. and an! reference to the Minister of Public Works in that Act must be construed as a reference to the Minister for the purpose of such expropriation.
(3) Where the Minister expropriates land. a portion of land or a rizht in land under this Act. the amount of compensation and the time and manner of payment shall be determined either by agreement or by the Court i n accordance with section 25(3) of the Constitution.
( 3 ) The rules of the Court made under section 32 shall govern the procedure of the Court in the determination of compensation in terms of subsection (31.".
Short title 10
6. This Act is called the Restitution of Land Rights Amendment Act, 2003.