Land Restitution and Reform Laws Amendment Act 18 of 1999

The Land Restitution and Reform Laws Amendment Act 18 of 1999 intends:

• to amend the Restitution of Land Rights Act, 1994, so as:
  • to effect certain textual improvements;
  • to amend the provisions regulating entitlement to restitution;
  • to authorise the Deputy Land Claims Commissioner to act in the stead of the Chief Land Claims Commissioner if the office of the Chief Land Claims Commissioner is vacant;
  • to make provision for the appointment of acting regional land claims commissioners under certiin circumstances;
  • to amend the requirements for the publication of the notice of a claim;
  • to authorise any interested party to apply for the rescission or variation of an order of the Land Claims Court or the setting aside or variation of certain agreements;
  • to do away with the need for a claim to be referred to the Court where the interested parties have reached agreement as to how a claim should be finalised and to authorise the Minister to make an award of a right in land, pay compensation and grant financial aid in such a case;
  • to authorise regional land claims commissioners to refer claims to the Court;
  • to extend the powers of the Court;
  • to grant the Court in any interlocutory or preliminary hearing or pre-trial proceedings the discretion to decide upon the appointment of one or more assessors;
  • to provide that a claimant may be awarded land, a portion of land or a right in land dispossessed from another claimant or the latter’s ascendant where the Court is satisfied that satisfactory arrangements have been or will be made to grant such other claimant restitution of a right in land;
  • to make provision for financial aid to a claimant who has entered into an agreement regarding the finalisation of a claim;
  • to abolish the statutory mechanism providing for the waiving of rights contained in section 42D;
• to amend the Land Reform (Labour Tenants) Act, 1996, so as to empower an arbitrator and the Court to determine, prescribe or amend the terms on which a Iabour tenant occupies or uses land; and
• to provide for matters connected therewith.

Commencement

• 23 April 1999, except Sections 2 to 4
• 2 December 1994, Sections 2 to 4