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63 of 1997
The Land Restitution and Reform Laws Amendment Act 63 of 1997 intends:
- to amend the Restitution of Land Rights Act, 1994, so as
- to bring the provisions thereof into line with the Constitution of the Republic of South Africa, 1996;
- to define certain expressions and to amend certain definitions;
- to effect certain textual improvements;
- to provide that a regional land claims commissioner or an interested party may under certain circumstances apply for an interdict prohibiting the development of land;
- to provide for the election of one or more persons to represent a community for the purposes of a claim;
- to prohibit a person from developing 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 repeal the requirement that the Minister of Land Affairs shall issue a certificate of feasibility when a claim is referred to the Land Claims Court;
- to extend the powers of the Court;
- to provide that the assistance of an assessor shall not be necessary in proceedings dealing with contempt of the Court;
- to extend the factors which the Court has to take into account in considering any particular matter;
- to clarify the provisions relating to the powers of the Commission on Restitution of Land Rights for the purposes of an investigation in terms of section 34(2);
- to provide that, unless the Court orders otherwise, an applicant making an application in terms of section 34(1) shall not be entitled to any order for costs against any other party;
- to provide for direct access to the Court by any person entitled to claim restitution of a right in land;
- to provide for the registration of land restored or awarded to a claimant;
- to empower the Minister to grant financial aid for the development of land in certain circumstances;
- to provide for the powers of the Minister in the case of waiver of rights to relief and to repeal certain obsolete provisions;
- to amend the Land Reform (Labour Tenants) Act, 1996, so as
- to regulate onus of proof where it is proved that a person falls within certain provisions of the definition of “labour tenant”;
- to provide for the transfer of certain cases to the Court;
- to grant a discretion to the Director-General to submit certain agreements to the Court;
- to empower the Court to hear applications for the acquisition of land and servitudes;
- to further regulate the appointment of arbitrators; and
- to provide that transfer duty shall not be payable in respect of the acquisition of land or a right in land in terms of the Act;
- to amend section 24 of the Land Restitution and Reform Laws Amendment Act, 1996, so as to bring the provisions thereof into line with the Constitution of the Republic of South Africa, 1996; and
- to provide for matters connected therewith.
Commencement
21 November 1997
