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| act78of1996.pdf | 4.02 MB |
78 of 1996
The Land Restitution and Reform Laws Amendment Act 78 of 1996 intends:
- to amend the Restitution of Land Rights Act, 1994, so as
- to insert certain definitions;
- to effect certain textual improvements;
- to provide that no person shall be entitled to enforce restitution of a right in land dispossessed if just and equitable compensation was paid;
- to provide for the appointment of certain organisations to advise the Commission on Restitution of Land Rights, to facilitate meetings of interested parties and to mediate and settle disputes;
- to require the leave of the Land Claims Court for the lodging of a claim in respect of land in certain circumstances;
- to alter the powers and duties of a regional land claims commissioner;
- to prohibit a person from selling, exchanging, donating, leasing, subdividing or rezoning land in respect of which a notice in terms of section 11(1) has been published without having given the regional land claims commissioner notice of his or her intention to do so;
- to provide that certain claims referred to the Court shall be accompanied by a document containing a list of the parties who have an interest in the claim;
- to prohibit the referral of claims to the Court in terms of section 14 until the Minister has issued certificates in terms of section 15 or has refused to do so;
- to extend the powers of the Court;
- to amend the provisions relating to assessors;
- to provide that gratuities and certain allowances of the President and judges of the Court shall not be taxable;
- to empower the Minister of Justice with the concurrence of the Minister of Finance to determine allowances for travelling and subsistence expenses incurred by the President and judges of the Court;
- to clarify the provisions relating to the manner of arriving at decisions of the Court;
- to provide for the seals of the Court;
- to provide that the proceedings of the Court shall be conducted in open court;
- to empower the Court to refer particular matters for investigation by a referee;
- to prohibit the issue of process against a judge of the Court without the consent of the Court;
- to provide for judgment by default;
- to provide for the manner of securing attendance of witnesses or the production of any document or thing in proceedings before the Court;
- to make special provision for the manner in which witnesses may be dealt with on refusal to give evidence or produce any document or thing;
- to provide for the examination by interrogatories of persons whose evidence is required in proceedings before the Court;
- to empower the Minister of Justice to appoint officers of the Court;
- to make special provision for finances and accountability in respect of the administration and functioning of the Court;
- to provide for the scope and execution of process of the Court;
- to provide for offences relating to execution;
- to provide for witness fees;
- to provide for the powers of the Court on the hearing of appeals;
- to provide for the application of Chapter min respect of the performance by the Court of its functions in terms of other legislation;
- to express more clearly the provisions relating to the intervention of parties and legal representation;
- to provide that certified copies of records of the Court shall be admissible as evidence;
- to express more clearly the provisions relating to the power of the President of the Court to make rules in respect of the procedure of the Court;
- to empower the Court to make an order for costs against the State or the Commission;
- to empower the Court to rescind, vary or correct orders and judgments granted by the Court;
- to clarify the Court's power to review any act or decision of the Minister;
- to provide for the procedure pertaining to appeals from the Court;
- to require registrars of deeds to remove certain notes from their records; and
- to provide that references to judges of the Supreme Court in laws shall be construed so as to include judges of the Court;
- to amend the Land Reform (Labour Tenants) Act, 1996, so as to include references to inserted sections and to elfect certain textual improvements; and
- to provide for matters connected therewith.
Commencement
20 November 1996
Amendments
Amended by Land Restitution and Reform Laws Amendment Act 63 of 1997
