Restitution of Land Rights Act, 1994

Act 22 of 1994

This is the version of this Act as it was from 25 November 1994 to 1 December 1994. Read the latest available version.

Citation

Act 22 of 1994

Date

Language

English

Type

Legislation

Taxonomies

Subject areas > Agriculture and Land

Restitution of Land Rights Act, 1994

Act 22 of 1994

Published in Government Gazette 16106 on 25 November 1994
Assented to on 17 November 1994
Commenced on 2 December 1994 by Restitution of Land Rights Act, 1994: Commencement
[This is the version of this document as it was from 25 November 1994 to 1 December 1994.]

(Afrikaans text signed by the President.)ACTTo provide for the restitution of rights in land in respect of which persons or communities were dispossessed under or for the purpose of furthering the objects of any racially based discriminatory law; to establish a Commission on Restitution of Land Rights and a Land Claims Court; and to provide for matters connected therewith.

WHEREAS the Constitution of the Republic of South Africa, 1993 (Act No. 200 of 1993), provides for the restitution of a right in land to a person or community, dispossessed under or for the purpose of furthering the objects of any racially based discriminatory law;AND WHEREAS legislation for this purpose is to be designed to promote the protection and advancement of persons, groups or categories of persons disadvantaged by unfair discrimination, in order to promote their full and equal enjoyment of rights in land:NOW THEREFORE BE IT ENACTED by the Parliament of the Republic of South Africa, as follows:—

Chapter I
Introductory provisions

1. Definitions

In this Act, unless the context indicates otherwise—"claim" means any application lodged with the Commission in terms of this Act;"claimant" includes a community;"Commission" means the Commission on Restitution of Land Rights established by section 4;"community" means any group of persons whose rights in land are derived from shared rules determining access to land held in common by such group, and includes part of any such group;"Court" means the Land Claims Court established by section 22;"direct descendant" of a person includes the spouse or partner in a customary union of such person whether or not such customary union has been registered;"Minister" means the Minister of Land Affairs or an officer in his or her department designated by him or her;"person" includes a community or part thereof;"prescribed" means prescribed by or under this Act;"public land" means all land owned by any organ of state as defined in section 233 of the Constitution, and includes land owned by a local authority, the Land Bank and any institution in which the State is the majority or controlling shareholder;"right in land" means any right in land whether registered or unregistered, and may include the interest of a labour tenant and sharecropper, a customary law interest, the interest of a beneficiary under a trust arrangement and beneficial occupation for a continuous period of not less than 10 years prior to the dispossession in question;"Supreme Court" means the Supreme Court of South Africa referred to in section 101 of the Constitution;"the rules" means the rules made under sections 16 and 32;"this Act" includes the rules and the regulations made under section 40.

2. Enforcement of claim for restitution

(1)A person shall be entitled to enforce restitution of a right in land if—

(a)he or she is a person or community contemplated in section 121(2) of the Constitution or a direct descendant of such a person; and

(b)the claim for such restitution is lodged within three years after a date fixed by the Minister by notice in the Gazette.

(2)The date contemplated in subsection (1), shall be a date not earlier than the earliest of the dates contemplated in section 43.

(3)The date contemplated in section 121(2)(a) of the Constitution is 19 June 1913.

3. Claims against nominees

Subject to the provisions of this Act a person shall be entitled to claim title in land if such claimant or his, her or its antecedent—

(a)was prevented from obtaining or retaining title to the claimed land because of a law which would have been inconsistent with the prohibition of racial discrimination contained in section 8(2) of the Constitution had that subsection been in operation at the relevant time; and

(b)proves that the registered owner of the land holds title as a result of a transaction between such registered owner or his, her or its antecedents and the claimant or his, her or its antecedents, in terms of which such registered owner or his, her or its antecedents held the land on behalf of the claimant or his, her or its antecedents.

Chapter II
Commission on Restitution of Land Rights

4. Establishment of Commission on Restitution of Land Rights

(1)There is hereby established a commission to be known as the Commission on Restitution of Land Rights.

(2)The Commission shall have a head office and such other offices, with such areas of jurisdiction, as the Minister may determine.

(3)The Commission shall consist of a Chief Land Claims Commissioner appointed by the Minister, after inviting nominations from the general public, a Deputy Land Claims Commissioner similarly appointed and as many regional land claims commissioners as may be appointed by the Minister.

(4)The Chief Land Claims Commissioner, the Deputy Land Claims Commissioner and a regional land claims commissioner, shall—

(a)be fit and proper persons to hold such offices;

(b)be South African citizens; and

(c)have skills and knowledge relevant to the work of the Commission or such legal knowledge or qualifications as the Minister may deem necessary.

(5)The Minister may terminate any appointment made under subsection (3)—

(a)if he or she is satisfied that such appointed person no longer complies with the requirements of subsection (4); or

(b)if the appointed person requests the Minister in writing to terminate the appointment.

5. Meetings of Commission

(1)The Commission shall meet at least three times each year.

(2)Meetings of the Commission shall be held at the time and place determined by the Chief Land Claims Commissioner.

(3)The majority of the members of the Commission shall form a quorum for a meeting of the Commission.

(4)The decision of the majority of the members of the Commission present at any meeting thereof shall be a decision of the Commission: Provided that, in the event of an equality of votes, the Chief Land Claims Commissioner shall have a casting vote in addition to his or her deliberative vote.

6. General functions of Commission

(1)The Commission shall, at a meeting or through the Chief Land Claims Commissioner, a regional land claims commissioner or a person designated by any such commissioner—

(a)subject to the provisions of section 2, receive and acknowledge receipt of all claims for the restitution of rights in land lodged with it in terms of this Act;

(b)take reasonable steps to ensure that claimants are assisted in the preparation and submission of claims;

(c)advise claimants of the progress of their claims at regular intervals and upon reasonable request;

(d)subject to the provisions of section 14, report to the Court on the terms of settlement in respect of successfully mediated claims;

(e)define any issues which may still be in dispute between the claimants and other interested parties with a view to expediting the hearing of claims by the Court;

(f)at regular intervals, take appropriate steps to make public information regarding the persons entitled to claim restitution of rights in land in terms of section 121 of the Constitution, the limitations imposed by section 2, and the manner in which claims may be lodged with the Commission.

(2)The Commission may, at a meeting or through the Chief Land Claims Commissioner, a regional land claims commissioner or a person designated by any such commissioner—

(a)monitor and make recommendations concerning the implementation of - orders made by the Court under section 35;

(b)make recommendations or give advice to the Minister regarding the most appropriate form of alternative relief, if any, for those claimants who do not qualify for the restitution of rights in land in terms of this Act;

(c)refer questions of law and interpretation to the Court;

(d)ensure that priority is given to claims which affect a substantial number of persons, or persons who have suffered substantial losses as a result of dispossession or persons with particularly pressing needs;

(e)generally, do anything necessarily connected with or reasonably incidental to the expeditious finalisation of claims.

7. Delegation of powers and performance of functions

(1)The Commission may delegate any power conferred upon it by or under this Act to a subcommittee of the Commission or to a member of the Commission or to a person contemplated in section 8 or 9 subject to such directions or conditions as the Commission may give or determine from time to time: Provided that the powers referred to in section 6(2)(b), (c) and (d) may not be delegated.

(2)The Chief Land Claims Commissioner may delegate any power conferred upon him or her by or under this Act except the power of delegation to the Deputy Land Claims Commissioner or any regional land claims commissioner, either generally or with regard to a specific claim.

(3)If the Chief Land Claims Commissioner is absent or unable to perform any or all of his or her functions, the Deputy Land Claims Commissioner shall act in his or her stead and whilst the Deputy Land Claims Commissioner so acts, he or she shall perform all the functions of the Chief Land Claims Commissioner.

(4)A regional land claims commissioner may, instead of performing any function in any particular case, refer the matter to the Commission for the Commission to perform such function at a meeting contemplated in section 5.

8. Performance of administrative work of Commission

(1)The administrative work incidental to the performance of the functions of the Commission shall be performed by officers appointed in terms of the provisions of section 15(3)(a) of the Public Service Act, 1994 (Proclamation No. 103 of 1994), and designated in general or for a specific purpose by the Minister after consultation with the Commission.

(2)In making a designation in terms of subsection (1), the Minister and the Commission shall seek to ensure that the staff of the Commission shall be broadly representative of the South African population.

(3)Designated officers shall perform their functions under the control and supervision of the Chief Land Claims Commissioner or regional land claims commissioner, as the case may be.

9. Appointment of persons to assist Commission on ad hoc basis

(1)The Chief Land Claims Commissioner may from time to time—

(a)appoint one or more persons with particular knowledge or specific expertise relevant to the achievement of the Commission’s objects to advise the Commission regarding any matter connected with the performance of its functions;

(b)appoint one or more persons with specific expertise in relation to dispute resolution to facilitate meetings of interested parties, mediate and settle disputes, and report to the Commission in writing on the outcome of such negotiations;

(c)request any government department, provincial administration, local authority or person in the service of the State; a province or local authority who has particular knowledge or specific expertise to advise the Commission regarding any matter connected with the performance of its functions.

(2)A person appointed in terms of subsection (1) who is not in the full-time service of the State may, from moneys appropriated by Parliament for this purpose, be paid such remuneration and allowances in respect of the services performed by him or her as may be determined by the Minister in consultation with the Minister of Finance.

10. Lodgement of claims

(1)Any person or the representative of any community who is of the opinion that he or she or the community which he or she represents is entitled to claim restitution of a right in land as contemplated in section 121 of the Constitution, may lodge such claim, which shall include a description of the land in question and the nature of the right being claimed, on the form prescribed for this purpose by the Chief Land Claims Commissioner under section 16.

(2)The Commission shall make claim forms available at all its offices.

(3)If a claim is lodged on behalf of a community the basis on which it is contended that the person submitting the form represents such community, shall be declared in full and any appropriate resolution or document supporting such contention shall accompany the form at the time of lodgement: Provided that the regional land claims commissioner having jurisdiction in respect of the land in question may permit such resolution or document to be lodged at a later stage.

11. Procedure after lodgement of claim

(1)If the regional land claims commissioner having jurisdiction is satisfied that—

(a)the claim has been lodged in the prescribed manner;

(b)the claim is not precluded by the provisions of section 2(1);

(c)the claim is not frivolous or vexatious; and

(d)no order has been made by the Court in terms of section 35 in respect of rights relating to that land,

he or she shall cause notice of the claim to be published in the Gazette and shall take steps to make it known in the district in which the land in question is situated.

(2)The regional land claims commissioner concerned may, on such conditions as he or she may determine, condone the fact that a claim has not been lodged in the prescribed manner.

(3)A frivolous or vexatious claim may be dismissed by the regional land claims commissioner concerned.

(4)If the regional land claims commissioner decides that the criteria set out in paragraphs (a), (b), (c) and (d) of subsection (1) have not been met, he or she shall advise the claimant accordingly, and of the reasons for such decision.

(5)If an order has been made by the Court as contemplated in section 35 the claimant may, subject to the provisions of section 2(1), make application to the Court for permission to lodge a claim in respect of that land.

(6)Immediately after publishing the notice referred to in subsection (1), the regional land claims commissioner shall—

(a)advise any other party which, in his or her opinion, might have an interest in the claim; and

(b)direct the relevant Registrar, as contemplated in section 102 of the Deeds Registries Act, 1937 (Act No. 47 of 1937), for the area in which the land in question is situated to note in his or her records the fact that a claim for restitution of a right in the land has been instituted in terms of this Act.

(7)Once a notice has been published in respect of any land and a temporary note has been made in the records as contemplated in subsection (6)(b)—

(a)no person may in an improper manner obstruct the passage of the claim;

(b)no claimant who was resident on the land in question at the date of commencement of this Act may be evicted from the said land without the written authority of the Chief Land Claims Commissioner;

(c)no person shall in any manner whatsoever remove or cause to be removed, destroy or cause to be destroyed or damage or cause to be damaged, any improvements upon the land without the written authority of the Chief Land Claims Commissioner;

(d)no claimant or other person may enter upon and occupy the land without the permission of the owner or lawful occupier.

(8)The regional land claims commissioner may, at any time after the publication of a notice contemplated in subsection (1), if he or she has reason to believe that any improvement on the land is likely to be removed, damaged or destroyed or that any person resident on such land may be adversely affected as a result of the publication of such notice, authorise any person contemplated in section 8 or 9 to enter upon such land for the purpose of drawing up an inventory of any assets on the land, a list of persons employed or resident on the land, or a report on the agricultural condition of the land and of any excavations, mining or prospecting thereon.

12. Commission’s power of investigation

(1)The Commission may, through a member of the Commission or any person authorised thereto in writing, in order to carry out its functions—

(a)conduct an investigation;

(b)demand from any person including any government department such particulars, documents and information as may be necessary in connection with any investigation;

(c)by notice in writing, addressed and delivered by a member of the staff of the Commission or a sheriff to any person, direct such person, in relation to an investigation, to appear before a member of the Commission at a time and place mentioned in such notice and to produce to such member all documents or objects in the possession or custody or under the control of such person and which are relevant to that investigation.

(2)Any person directed to produce documents or objects in terms of subsection (1)(c) shall not be compelled to produce any document or object which could be used in evidence against him or her in a criminal trial.

(3)If a claimant is not able to provide all the information necessary for the adequate submission or investigation of a claim, the regional land claims commissioner concerned shall direct an officer contemplated in section 8 to take all reasonable steps to have this information made available.

(4)If at any stage during the course of an investigation by the Commission, the Chief Land Claims Commissioner is of the opinion that the resources of the Commission or the Court would be more effectively utilised if all claims for restitution in respect of the land, or area or township in question, were to be investigated at the same time, he or she shall cause to be published in the Gazette and in such other manner as he or she deems appropriate, a notice advising potential claimants of his or her decision and inviting them, subject to the provisions of section 2(1), to lodge claims within a period specified in such notice.

(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 three years after the date fixed in terms of section 2(1)(b).

13. Mediation

(1)If at any stage during the course of the Commission’s investigation it becomes evident that—

(a)there are two or more competing claims to a particular right in land;

(b)in the case of a community claim, there are competing groups within the claimant community making resolution of the claim difficult;

(c)where the land which is subject to the claim is not state-owned land, the owner or holder of rights in such land is opposed to the claim; or

(d)there is any other issue which might usefully be resolved through mediation and negotiation,

the Chief Land Claims Commissioner may direct the parties concerned to attempt to settle their dispute through a process of mediation and negotiation.

(2)

(a)A direction contemplated in subsection (1) shall be made in a written notice specifying the time when and the place where such process is to start.

(b)The Chief Land Claims Commissioner shall appoint a mediator to chair the first meeting between the parties: Provided that the parties may at any time during the course of mediation or negotiation by agreement appoint another person to mediate the dispute.

(3)A person appointed by the Chief Land Claims Commissioner in terms of subsection (2)(b) shall either be an officer contemplated in section 8 who is a fit and proper person to conduct such a process of mediation and negotiation or an independent mediator contemplated in section 9(1)(b).

(4)All discussions taking place and all disclosures and submissions made during the mediation process shall be privileged, unless the parties agree to the contrary.

14. Referral of claims to Court

(1)If upon completion of an investigation by the Commission—

(a)the parties to any dispute arising from the claim agree in writing that it is not possible to settle the claim by mediation and negotiation;

(b)the regional land claims commissioner certifies that it is not feasible to resolve any dispute arising from such claim by mediation and negotiation;

(c)the parties to any dispute arising from such claim reach agreement as to how the claim should be finalised and the regional land claims commissioner is satisfied that such agreement is appropriate; or

(d)the regional land claims commissioner is of the opinion that the claim is ready for hearing by the Court,

the Chief Land Claims Commissioner shall certify accordingly and refer the matter to the Court.

(2)Any claim referred to the Court as a result of a situation contemplated in subsection (1)(a), (b) or (d) shall be accompanied by a document—

(a)setting out the results of the Commission’s investigation into the merits of the claim;

(b)reporting on the failure of any party to accede to mediation;

(c)containing a list of the parties who ought to have the right to make representations to the Court in respect of the claim; and

(d)setting out the Commission’s recommendation as to the most appropriate manner in which the claim can be resolved.

(3)A referral made as a result of an agreement contemplated in subsection (1)(c) shall be accompanied by a document setting out the results of the Commission’s investigation into the merits of the claim and a copy of the relevant deed of settlement together with a request signed by the parties concerned and endorsed by the Chief Land Claims Commissioner requesting that such agreement be made an order of Court.

(4)If the Chief Land Claims Commissioner is not satisfied that a settlement referred to in subsection (1)(c) is appropriate, he or she shall refer the matter to the Court for a hearing in accordance with subsection (1)(d).

(5)Any interested party shall be entitled, upon payment of the prescribed fee, to copies of the documents contemplated in this section, including the submissions of other interested parties in relation to any matter contemplated in this section.

(6)The Court shall not make any order in terms of section 35 unless the Commission has, in respect of the claim in question, acted in accordance with the provisions of this section.

(7)If a claim has not been referred to the Court within nine months from the date of its lodgement, the regional land claims commissioner concerned shall report in writing to the Commission, giving the reasons for the delay.

15. Certificate of feasibility

(1)Upon referral of a claim contemplated in section 121(2) of the Constitution to the Court in terms of section 14, the Chief Land Claims Commissioner shall request the Minister to certify whether—

(a)in the case of land contemplated in section 123(1)(a) of the Constitution, restoration of the right in question is feasible;

(b)in the case of land contemplated in section 123(1)(b) of the Constitution, acquisition of the right in question is feasible.

(2)Upon referral of a claim for an order contemplated in section 123(3)(a) of the Constitution to the Court in terms of section 14, the Chief Land Claims Commissioner shall request the Minister to certify whether it is feasible to designate alternative state-owned land.

(3)If the Minister certifies under subsection (1) that restoration or acquisition is not feasible, the Chief Land Claims Commissioner shall forthwith request the Minister to certify whether it is feasible to designate alternative state-owned land.

(4)When submitting a request contemplated in subsections (1), (2) or (3), the Chief Land Claims Commissioner shall advise the Minister as to whether or not restoration, acquisition or designation is feasible in the case in question.

(5)All interested parties shall be given the opportunity to make submissions to the Minister on the question of feasibility.

(6)In considering whether restoration or acquisition by the State is feasible in terms of subsection (1), the Minister shall, in addition to any other factor, take into account—

(a)whether the zoning of the land in question has since the dispossession been altered and whether the land has been transformed to such an extent that it is not practicable to restore the right in question;

(b)any relevant urban development plan;

(c)any other matter which makes the restoration or acquisition of the right in question unfeasible; and

(d)any physical or inherent defect in the land which may cause it to be hazardous for human habitation.

(7)In considering whether designation of alternative state-owned land is feasible in terms of subsections (2) and (3), the Minister shall, in addition to any other factor, take into account—

(a)what land is owned by the State, in particular land which is situated in the area in which the dispossession took place; and

(b)the suitability of such land to meet the needs of the claimant.

(8)Nothing in this section shall be construed to mean that the Minister shall be required or entitled to consider whether restoration, acquisition or designation is just or desirable.

(9)The Minister shall issue the relevant certificate of feasibility, or refuse to do so, within 30 days of receipt of a request, and the Chief Land Claims Commissioner or the regional land claims commissioner concerned shall communicate the Minister’s decision to every person affected by it.

(10)The decision of the Minister shall be subject to review by the Court, the hearing of which review may, at the discretion of the Court, be conducted at the same time as the hearing of the claim in question.

(11)The decision of the Minister in respect of the issue of a certificate of feasibility, and the reasons for such decision, shall be public documents.

(12)If the Minister certifies in terms of subsection (2) or (3) that it is feasible to designate alternative state-owned land he or she may make such designation at the same time or at any time thereafter.

16. Rules regarding procedure of Commission

(1)After consultation with the Minister, the Chief Land Claims Commissioner may make rules regarding—

(a)any matter which, in terms of this Chapter, is required or permitted to be prescribed;

(b)the filing of claims;

(c)any steps which may be taken to give public notice of claims and notice to persons who have an interest in any matter under investigation by the Commission;

(d)the giving of notice to parties to attend a meeting for the purpose of mediating or negotiating the settlement of disputes;

(e)the giving of notice to parties and public notices giving notice that the Commission will consider any related claims in respect of specific land, a neighbourhood or township within a stipulated period;

(f)the order of preference to be given to claims or categories of claims in order to achieve the result contemplated in section 6(2)(d); and

(g)generally, with regard to any other matter which he or she considers it necessary or expedient to prescribe in order to achieve or promote the objects of this Act.

(2)The generality of subsection (1) shall not be limited by the preceding sections of this Chapter.

(3)Rules made under the provisions of subsection (1) shall be published in the Gazette.

17. Offences and penalties

Any person who—

(a)contravenes the provisions of section 11(7)(a), (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 appointed in terms of section 9, from performing a function in terms of this Act,

shall be guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding three months.

18. Limitation of liability

The Commission, members of the Commission, any person appointed under section 9 or any officer contemplated in section 8, shall not be liable in respect of any act or omission in good faith while performing a function in terms of any provision of this Act.

19. Expenditure of Commission

(1)All expenditure in connection with the performance of the Commission’s functions shall be defrayed from moneys appropriated by Parliament for such purpose.

(2)A person appointed in terms of section 4(3) who is not in the full-time service of the State may, from moneys appropriated by Parliament for such purpose, be paid such remuneration and allowances in respect of services performed in connection with the functions of the Commission, as may be determined by the Minister in consultation with the Minister of Finance.

20. Annual estimates of expenditure

The estimates of expenditure in respect of each financial year shall, after being prepared by the Chief Land Claims Commissioner or an official contemplated in section 8(1) and designated by the Chief Land Claims Commissioner, be submitted, not later than the first day of August of the preceding financial year to the Director-General of Land Affairs, who shall be the accounting officer.

21. Annual report

The Commission shall annually not later than the first day of June submit to Parliament a report on all its activities during the previous year, up to 31 March.

Chapter III
The Land Claims Court

22. Land Claims Court

(1)There shall be a court of law to be known as the Land Claims Court which, in addition to the powers contemplated in section 123 of the Constitution, shall have the power—

(a)to determine restitution of any right in land in accordance with this Act;

(b)to determine compensation in terms of this Act;

(c)in respect of a claim in terms of section 3, to determine the person entitled to ownership;

(d)to determine all other matters which require to be determined in terms of sections 121, 122 and 123 of the Constitution.

(2)The Court shall have jurisdiction throughout the Republic and shall have all the ancillary powers necessary or reasonably incidental to the performance of its functions, including the power to grant interlocutory orders and interdicts.

(3)There shall be a President of the Court, who shall be appointed by the President of the Republic, acting on the advice of the Judicial Service Commission.

(4)The President of the Republic may, after consultation with the President of the Court and the Judicial Service Commission, appoint additional judges of the Court.

(5)The President of the Court and the additional judges of the Court may be appointed for a fixed term.

(6)A judge of a provincial or local division of the Supreme Court may be seconded to serve as a judge of the Court.

23. Qualifications of judges of Court

No person shall be qualified to be appointed President of the Court or a judge of the Court unless he or she—

(a)is a South African citizen;

(b)is a fit and proper person to be a judge of the Court; and

(c)

(i)is a judge of the Supreme Court or is qualified to be admitted as an advocate or attorney and has, for a cumulative period of at least ten years, practised as an advocate or an attorney or lectured in law at a university; or

(ii)by reason of his or her training and experience, has expertise in the fields of law and land matters relevant to the application of this Act and the law of the Republic.

24. Law of procedure and rules

Until such time as rules of Court are made in terms of section 32, the rules of procedure applicable in civil actions and applications in a provincial division of the Supreme Court shall apply mutatis mutandis in respect of any proceedings in the Court.

25. Holding of office

The provisions of section 104 of the Constitution with regard to the making of an oath or solemn affirmation and the removal or suspension of judges shall apply to judges and assessors of the Court.

26. Remuneration and conditions of employment of judges

A judge of the Court shall receive such remuneration and shall, subject to section 22(5), be appointed subject to such conditions of employment as may be prescribed by or under the Judges’ Remuneration and Conditions of Employment Act, 1989 (Act No. 88 of 1989), and his or her remuneration shall, subject to the provisions of section 7(4) of the said Act, not be reduced during his or her continuance in office.

27. Appointment of assessors

(1)The Court shall be assisted by assessors appointed by the Minister after inviting nominations from the general public.

(2)No person shall be appointed as an assessor of the Court unless he or she, in the opinion of the Minister, has skills and knowledge relevant to the work of the Court: Provided that it shall not be a requirement of appointment that an assessor shall have any legal qualifications.

(3)An assessor shall receive such remuneration and be entitled to such vacation and other benefits as may be determined by the Minister of Justice in consultation with the Minister of Finance and the President of the Court.

28. Seat and hearings of Court

(1)The seat or seats of the Court shall be determined by the Minister of Justice in consultation with the President of the Court.

(2)The Court may notwithstanding the provisions of subsection (1) conduct hearings at any other place in the Republic with a view to making the Court accessible to claimants.

(3)Hearings of the Court shall be presided over by a single judge unless the President of the Court or in his or her absence the most senior available judge decides to the contrary.

(4)At least one assessor shall participate at the hearing of any disputed case.

(5)At every hearing, a participating assessor shall have a vote equal to that of a judge hearing the matter, except in relation to questions of law: Provided that decisions in respect of the matters referred to in sections 33 and 34(6) shall be deemed not to be questions of law: Provided further that in the event of an equality of votes the presiding judge shall have a casting vote in addition to his or her deliberative vote.

29. Locus standi and legal representation

(1)Any party listed in the document referred to in section 14(2), or any interested party in relation to an application in terms of section 34, may appear before the Court, either in person or represented by an advocate or attorney: Provided that the State shall have the right to be heard in all cases and that a person or community not listed in the document referred to in section 14(2) may apply to the Court for permission to appear before it.

(2)Where a party cannot afford to pay for legal representation itself, the Chief Land Claims Commissioner may take steps to arrange legal representation for such party, either through the State legal aid system or, if necessary, at the expense of the Commission.

30. Admissibility of evidence

(1)The Court may admit any evidence, including oral evidence, which it considers relevant and cogent to the matter being heard by it, whether or not such evidence would be admissible in any other court of law.

(2)Without derogating from the generality of the aforegoing subsection, it shall be competent for any party before the Court to adduce—

(a)hearsay evidence regarding the circumstances surrounding the dispossession of the land right or rights in question and the rules governing the allocation and occupation of land within the claimant community concerned at the time of such dispossession; and

(b)expert evidence regarding the historical and anthropological facts relevant to any particular claim.

(3)The Court shall give such weight to any evidence adduced in terms of subsections (1) and (2) as it deems appropriate.

31. Pre-trial conference

(1)The Court may, at its own instance or at the request of any party before It, at any stage prior to the hearing of a matter convene a pre-trial conference of the parties with a view to clarifying the issues in dispute, identifying those issues on which evidence will be necessary and, in general, expediting a decision on the claim in question.

(2)The Court may, after the holding of such a pre-trial conference, issue such orders and directions as to the procedure to be followed before and during the trial as it deems appropriate.

32. Rules governing procedure

(1)The President of the Court may make rules to govern the procedure of the Court, including rules providing for the circumstances under which oral evidence may be submitted to the Court.

(2)The rules contemplated in subsection (1) shall be published in the Gazette.

(3)Notwithstanding anything to the contrary in this Act or in the rules contemplated in subsection (1)—

(a)the Court may, at any stage after a claim has been referred to it, refer the claim back to the Commission with directives as to matters which are to be investigated and reported on by the Commission; and

(b)the Court may conduct any part of any proceedings on an informal or inquisitorial basis.

(4)The rules contemplated in subsection (1) shall make provision for the expeditious hearing of an application in terms of section 34.

33. Factors to be taken into account by Court

In considering its decision in any particular matter, excluding the review of a decision in terms of section 15, the Court shall, in addition to the matters referred to in sections 121, 122 and 123 of the Constitution, have regard to the following factors:

(a)The desirability of providing for restitution of rights in land or compensation to people who were dispossessed of their rights in land as a result of or in pursuance of racially based discriminatory laws;

(b)the desirability of remedying past violations of human rights;

(c)the requirements of equity and justice;

(d)the desirability of avoiding major social disruption;

(e)any provision which already exists, in respect of the land in question in any matter, for that land to be dealt with in a manner which is designed to achieve the goals contemplated in section 8(3)(a) of the Constitution;

(f)any other factor which the Court may consider relevant and consistent with the spirit and objects of the Constitution and in particular the provisions of section 8 of the Constitution.

34. Ruling by Court on restoration before final determination of claim

(1)Any national, provincial or local government body may, in respect of land which is owned by it or falls within its area of jurisdiction, make application to the Court for an order that the land in question or any rights in it shall not be restored to any claimant or prospective claimant.

(2)Notice of any such application shall be given to the Commission, which shall investigate and submit a report to the Court on the desirability of making an order referred to in subsection (1).

(3)Any party making an application to the Court in terms of subsection (1) shall, at its own expense, take such steps as the relevant regional land claims commissioner may direct in order to bring the application to the attention of other persons who may have an interest therein, in order that they may make submissions to and appear before the Court on the hearing of the application.

(4)The regional land claims commissioner concerned shall take such further steps as he or she deems appropriate to bring the application to the attention of persons who may have an interest.

(5)After hearing an application contemplated in subsection (1), the Court may—

(a)dismiss the application; or

(b)order that when any claim in respect of the land in question is finally determined, the rights in the land in question, or in part of the land, or certain rights in the land, shall not be restored to any claimant.

(6)The Court shall not make an order in terms of subsection (5)(b) unless it is satisfied that—

(a)it is in the public interest that the rights in question should not be restored to any claimant; and

(b)the public or any substantial part thereof will suffer substantial prejudice unless an order is made in terms of subsection (5)(b) before the final determination of any claim.

(7)If the Court makes an order in terms of subsection (5)(b), the regional land claims commissioner shall direct the relevant Registrar to remove any note made in his or her records in terms of section 11(6)(b).

(8)Any order made in terms of subsection (5)(b) shall be binding on all claimants to the rights in question, whether such claim is lodged before or after the making of the order.

35. Court orders

(1)A person in whose favour an order contemplated in section 123(3)(c) of the Constitution has been made may, instead of accepting such alternative relief, within 30 days after the date on which the order was made, apply in writing to the Minister to be registered as a preferential claimant to benefit from any State support programme for housing and the allocation and development of rural land.

(2)The Court may in addition to the orders contemplated in section 123 of the Constitution—

(a)determine conditions which must be fulfilled before a right in land can be restored or granted to a claimant;

(b)if a claimant is required to make any payment before the right in question is restored or granted, determine the amount to be paid and the manner of payment, including the time for payment;

(c)if the claimant is a community, determine the manner in which the rights are to be held or the compensation is to be paid or held;

(d)recommend to the Minister that a claimant be given priority access to State resources in the allocation and development of housing and land in the appropriate development programme;

(e)give any other directive as to how its orders are to be carried out, including the setting of time limits for the implementation of its orders;

(f)make an order in respect of compensatory land granted at the time of the dispossession of the land in question;

(g)make such orders for costs as it deems just.

(3)An order contemplated in subsection (2)(c) shall be subject to such conditions as the Court considers necessary to ensure that all the dispossessed members of the community concerned shall have access to the land or the compensation in question, on a basis which is fair and non-discriminatory towards any person, including a woman and a tenant, and which ensures the accountability of the person who holds the land or compensation on behalf of the community to the members of such community.

(4)The Court’s power to order the restitution of a right in land or to grant a right in alternative state-owned land shall include the power to adjust the nature of the right previously held by the claimant, and to determine the form of title under which the right may be held in future.

(5)If the Court orders the State to expropriate land or a right in land in order to restore it to a claimant, the Minister shall expropriate such land or right in accordance, mutatis mutandis, with the provisions of the Expropriation Act, 1975 (Act No. 63 of 1975): Provided that the owner of such land or right shall be entitled to the payment of just and equitable compensation, determined either by agreement or by the Court according to the principles laid down in section 28(3) of the Constitution: Provided further that the procedure to be followed by the Court in the determination of such compensation shall be as provided in sections 24 and 32 of this Act.

(6)In making any award of land, the Court may direct that the rights of individuals to that land shall be determined in accordance with the procedures set out in the Distribution and Transfer of Certain State Land Act, 1993 (Act No. 119 of 1993).

(7)An order of the Court shall have the same force as an order of the Supreme Court for the purposes of the Deeds Registries Act, 1937 (Act No. 47 of 1937).

(8)Upon making an order, the Court shall direct the Registrar concerned to remove any temporary note entered in his or her records in respect of the land in terms of section 11(6)(b).

(9)Any state-owned land which is held under a lease or similar arrangement shall be deemed to be in the possession of the State for the purposes of section 123(1)(a) of the Constitution: Provided that, if the Court orders the restitution of a right in such land, the lawful occupier thereof shall be entitled to just and equitable compensation determined either by agreement or by the Court according to the principles laid down in section 28(3) of the Constitution.

(10)An interested party which is of the opinion that an order of the Court has not been fully or timeously complied with may make application to the Court for further directives or orders in that regard.

36. Review of decisions of Commission

(1)Any party aggrieved by any act of or decision of the Commission or any functionary acting or purportedly acting in terms of this Act may apply to have such act or decision reviewed by the Court.

(2)The Court shall exercise all of the Supreme Court’s powers of review with regard to such matters, to the exclusion of the provincial and local divisions thereof.

37. Appeals from Court

(1)Appeals against decisions by the Court shall lie either to the Constitutional Court or to the Appellate Division of the Supreme Court.

(2)The Court shall in each case determine the court to which an appeal shall lie.

38. Decisions of Court a matter of public record

The decisions of the Court shall be a matter of public record on the same basis as decisions of the Supreme Court.

Chapter IV
Miscellaneous provisions

39. Register of public land

In order to facilitate the work of the Commission and the Court, the Minister may take all necessary steps to compile a register of public land, which register shall be open to inspection by claimants and prospective claimants.

40. Regulations

The Minister may make regulations regarding—

(a)any matter required or permitted to be prescribed in terms of this Act; and

(b)generally, all matters which in his or her opinion are necessary or expedient to be prescribed in order to achieve the objects of this Act.

41. Repeal of laws, and savings

(1)Sections 88A up to and including 96A of the Abolition of Racially Based Land Measures Act, 1991 (Act No. 108 of 1991), and the Abolition of Racially Based Land Measures Amendment Act, 1993 (Act No. 110 of 1993), are hereby repealed.

(2)If an application was, before the commencement of this Act, lodged with the Commission on Land Allocation established in terms of section 89 of the Abolition of Racially Based Land Measures Act, 1991 (Act No. 108 of 1991), and that Commission has, before the commencement of this Act—

(a)made a recommendation in respect of such application, such application shall on request of any interested party; or

(b)not made any order or recommendation in respect of such application such application shall,

subject to the provisions of subsection (3), be deemed to have been lodged with the Commission in accordance with the provisions of section 10(1).

(3)The regional land claims commissioner having jurisdiction may—

(a)direct any applicant in respect of an application referred to in subsection (2) to provide the Commission with any further information relevant to the application; and

(b)in respect of an application referred to in subsection (2), waive compliance with any or all of the procedures prescribed by or under this Act.

42. Transfer duty and fees

(1)The Minister may direct that any transfer duty or other fees payable by a claimant in respect of any transfer of land or of a right in land in terms of this Act shall be defrayed in full or in part from money appropriated by Parliament for that purpose.

(2)The Minister may, in consultation with the Minister of Finance, direct that no transfer duty, stamp duty or other fees contemplated in subsection (1) shall be paid in respect of a particular transfer under this Act.

43. Short title and commencement

(1)This Act shall be called the Restitution of Land Rights Act, 1994, and shall come into operation on a date fixed by the President by proclamation in the Gazette.

(2)Different dates may be fixed in respect of different Chapters of this Act.

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History of this document

01 July 2014 amendment not yet applied

Amended by Restitution of Land Rights Amendment Act, 2014

16 May 2011

Amended by Rural Development and Land Reform General Amendment Act, 2011

Read this version

01 April 2008

Amended by Public Service Amendment Act, 2007

Read this version

04 February 2004

Amended by Restitution of Land Rights Amendment Act, 2003

Read this version

24 March 2000

Amended by Land Affairs General Amendment Act, 2000

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23 April 1999

Amended by Land Restitution and Reform Laws Amendment Act, 1999

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28 September 1998

Amended by Land Affairs General Amendment Act, 1998

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21 November 1997

Amended by Land Restitution and Reform Laws Amendment Act, 1997

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20 November 1996

Amended by Land Restitution and Reform Laws Amendment Act, 1996

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06 October 1995

Amended by Restitution of Land Rights Amendment Act, 1995

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02 December 1994

Amended by Land Restitution and Reform Laws Amendment Act, 1997

Amended by Land Restitution and Reform Laws Amendment Act, 1999

Commenced by Restitution of Land Rights Act, 1994: Commencement

Read this version

25 November 1994 this version

Published in Government Gazette 16106

17 November 1994

Assented to

Subsidiary legislation

Title	Numbered title
Land Claims Court Rules, 1997	Government Notice 300 of 1997
Restitution of Land Rights Act, 1994: Commencement	Proclamation R176 of 1994

Cited documents 8

Legislation 8

1.	Constitution of the Republic of South Africa, 1996	3452 citations
2.	Deeds Registries Act, 1937	2752 citations
3.	Magistrates' Courts Act, 1944	2700 citations
4.	Promotion of Administrative Justice Act, 2000	2170 citations
5.	Expropriation Act, 1975	468 citations
6.	Rules Board for Courts of Law Act, 1985	188 citations
7.	Extension of Security of Tenure Act, 1997	161 citations
8.	Abolition of Racially Based Land Measures Act, 1991	41 citations

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Gazette 1433

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255.	South Africa Government Gazette dated 1997-06-13 number 18056
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1096.	South Africa Government Gazette dated 2015-12-11 number 39504
1097.	South Africa Government Gazette dated 2015-12-18 number 39531 part 1
1098.	South Africa Government Gazette dated 2015-12-24 number 39553
1099.	South Africa Government Gazette dated 2015-12-31 number 39568
1100.	South Africa Government Gazette dated 2016-01-29 number 39636
1101.	South Africa Government Gazette dated 2016-01-29 number 39639
1102.	South Africa Government Gazette dated 2016-02-05 number 39657
1103.	South Africa Government Gazette dated 2016-02-12 number 39679
1104.	South Africa Government Gazette dated 2016-02-12 number 39689
1105.	South Africa Government Gazette dated 2016-02-12 number 39693
1106.	South Africa Government Gazette dated 2016-02-19 number 39712
1107.	South Africa Government Gazette dated 2016-02-19 number 39718
1108.	South Africa Government Gazette dated 2016-02-26 number 39736
1109.	South Africa Government Gazette dated 2016-03-04 number 39781
1110.	South Africa Government Gazette dated 2016-03-11 number 39802
1111.	South Africa Government Gazette dated 2016-03-18 number 39823
1112.	South Africa Government Gazette dated 2016-03-18 number 39836
1113.	South Africa Government Gazette dated 2016-03-24 number 39860
1114.	South Africa Government Gazette dated 2016-04-01 number 39887 part 1
1115.	South Africa Government Gazette dated 2016-04-08 number 39910
1116.	South Africa Government Gazette dated 2016-04-22 number 39943 part 1
1117.	South Africa Government Gazette dated 2016-04-29 number 39960
1118.	South Africa Government Gazette dated 2016-05-06 number 39971
1119.	South Africa Government Gazette dated 2016-05-20 number 40001
1120.	South Africa Government Gazette dated 2016-05-27 number 40021 part 1
1121.	South Africa Government Gazette dated 2016-06-03 number 40041 part 1
1122.	South Africa Government Gazette dated 2016-06-10 number 40058
1123.	South Africa Government Gazette dated 2016-06-24 number 40088 part 1
1124.	South Africa Government Gazette dated 2016-06-28 number 40099
1125.	South Africa Government Gazette dated 2016-07-01 number 40110
1126.	South Africa Government Gazette dated 2016-07-08 number 40125 part 1
1127.	South Africa Government Gazette dated 2016-07-15 number 40140 part 1
1128.	South Africa Government Gazette dated 2016-07-18 number 40146
1129.	South Africa Government Gazette dated 2016-07-22 number 40154 part 1
1130.	South Africa Government Gazette dated 2016-07-29 number 40166 part 1
1131.	South Africa Government Gazette dated 2016-08-05 number 40188
1132.	South Africa Government Gazette dated 2016-08-19 number 40216 part 1
1133.	South Africa Government Gazette dated 2016-08-26 number 40229
1134.	South Africa Government Gazette dated 2016-09-02 number 40243 part 1
1135.	South Africa Government Gazette dated 2016-09-02 number 40246
1136.	South Africa Government Gazette dated 2016-09-09 number 40262 part 1
1137.	South Africa Government Gazette dated 2016-09-16 number 40279 part 1
1138.	South Africa Government Gazette dated 2016-09-16 number 40283
1139.	South Africa Government Gazette dated 2016-09-23 number 40293 part 1
1140.	South Africa Government Gazette dated 2016-09-30 number 40312 part 1
1141.	South Africa Government Gazette dated 2016-10-07 number 40334 part 1
1142.	South Africa Government Gazette dated 2016-10-07 number 40338
1143.	South Africa Government Gazette dated 2016-10-14 number 40346 part 1
1144.	South Africa Government Gazette dated 2016-10-21 number 40359 part 1
1145.	South Africa Government Gazette dated 2016-10-21 number 40364
1146.	South Africa Government Gazette dated 2016-10-24 number 40368
1147.	South Africa Government Gazette dated 2016-10-28 number 40375 part 1
1148.	South Africa Government Gazette dated 2016-11-04 number 40402 part 1
1149.	South Africa Government Gazette dated 2016-11-11 number 40414 part 1
1150.	South Africa Government Gazette dated 2016-11-18 number 40428 part 1
1151.	South Africa Government Gazette dated 2016-11-25 number 40445 part 1
1152.	South Africa Government Gazette dated 2016-11-28 number 40450
1153.	South Africa Government Gazette dated 2016-11-29 number 40452
1154.	South Africa Government Gazette dated 2016-12-02 number 40464 part 1
1155.	South Africa Government Gazette dated 2016-12-02 number 40468
1156.	South Africa Government Gazette dated 2016-12-07 number 40476
1157.	South Africa Government Gazette dated 2016-12-09 number 40480 part 1
1158.	South Africa Government Gazette dated 2016-12-12 number 40488
1159.	South Africa Government Gazette dated 2016-12-15 number 40496 part 1
1160.	South Africa Government Gazette dated 2016-12-21 number 40518
1161.	South Africa Government Gazette dated 2016-12-30 number 40526
1162.	South Africa Government Gazette dated 2017-01-19 number 40562
1163.	South Africa Government Gazette dated 2017-01-20 number 40552
1164.	South Africa Government Gazette dated 2017-01-27 number 40577 part 1
1165.	South Africa Government Gazette dated 2017-01-27 number 40580
1166.	South Africa Government Gazette dated 2017-02-03 number 40593 part 1
1167.	South Africa Government Gazette dated 2017-02-03 number 40595
1168.	South Africa Government Gazette dated 2017-02-06 number 40597
1169.	South Africa Government Gazette dated 2017-02-10 number 40610 part 1
1170.	South Africa Government Gazette dated 2017-02-17 number 40621 part 1
1171.	South Africa Government Gazette dated 2017-02-17 number 40629
1172.	South Africa Government Gazette dated 2017-02-22 number 40632
1173.	South Africa Government Gazette dated 2017-02-23 number 40641
1174.	South Africa Government Gazette dated 2017-02-24 number 40637
1175.	South Africa Government Gazette dated 2017-02-24 number 40644
1176.	South Africa Government Gazette dated 2017-02-27 number 40646
1177.	South Africa Government Gazette dated 2017-03-03 number 40660 part 1
1178.	South Africa Government Gazette dated 2017-03-10 number 40673 part 1
1179.	South Africa Government Gazette dated 2017-03-14 number 40683
1180.	South Africa Government Gazette dated 2017-03-17 number 40691 part 1
1181.	South Africa Government Gazette dated 2017-03-24 number 40718
1182.	South Africa Government Gazette dated 2017-03-31 number 40733 part 1
1183.	South Africa Government Gazette dated 2017-04-07 number 40774
1184.	South Africa Government Gazette dated 2017-04-07 number 40775
1185.	South Africa Government Gazette dated 2017-04-13 number 40785 part 1
1186.	South Africa Government Gazette dated 2017-04-21 number 40793 part 1
1187.	South Africa Government Gazette dated 2017-05-05 number 40827
1188.	South Africa Government Gazette dated 2017-05-12 number 40840 part 1
1189.	South Africa Government Gazette dated 2017-05-19 number 40847 part 1
1190.	South Africa Government Gazette dated 2017-05-26 number 40860 part 1
1191.	South Africa Government Gazette dated 2017-05-26 number 40864
1192.	South Africa Government Gazette dated 2017-06-02 number 40883 part 1
1193.	South Africa Government Gazette dated 2017-06-02 number 40885
1194.	South Africa Government Gazette dated 2017-06-09 number 40898
1195.	South Africa Government Gazette dated 2017-06-15 number 40919 part 1
1196.	South Africa Government Gazette dated 2017-06-23 number 40930 part 1
1197.	South Africa Government Gazette dated 2017-06-30 number 40945 part 1
1198.	South Africa Government Gazette dated 2017-07-07 number 40965 part 1
1199.	South Africa Government Gazette dated 2017-07-14 number 40978 part 1
1200.	South Africa Government Gazette dated 2017-07-21 number 40996 part 1
1201.	South Africa Government Gazette dated 2017-07-28 number 41009 part 1
1202.	South Africa Government Gazette dated 2017-08-04 number 41024 part 1
1203.	South Africa Government Gazette dated 2017-08-04 number 41027
1204.	South Africa Government Gazette dated 2017-08-11 number 41037
1205.	South Africa Government Gazette dated 2017-08-18 number 41047 part 1
1206.	South Africa Government Gazette dated 2017-08-25 number 41064 part 1
1207.	South Africa Government Gazette dated 2017-09-01 number 41082 part 1
1208.	South Africa Government Gazette dated 2017-09-05 number 41094
1209.	South Africa Government Gazette dated 2017-09-08 number 41100 part 1
1210.	South Africa Government Gazette dated 2017-09-15 number 41114
1211.	South Africa Government Gazette dated 2017-09-22 number 41132 part 1
1212.	South Africa Government Gazette dated 2017-09-29 number 41141 part 1
1213.	South Africa Government Gazette dated 2017-10-06 number 41164 part 1
1214.	South Africa Government Gazette dated 2017-10-06 number 41166
1215.	South Africa Government Gazette dated 2017-10-13 number 41178
1216.	South Africa Government Gazette dated 2017-10-20 number 41186 part 1
1217.	South Africa Government Gazette dated 2017-10-25 number 41194
1218.	South Africa Government Gazette dated 2017-10-27 number 41202 part 1
1219.	South Africa Government Gazette dated 2017-11-03 number 41224 part 1
1220.	South Africa Government Gazette dated 2017-11-10 number 41237 part 1
1221.	South Africa Government Gazette dated 2017-11-17 number 41256 part 1
1222.	South Africa Government Gazette dated 2017-11-17 number 41258
1223.	South Africa Government Gazette dated 2017-11-22 number 41267
1224.	South Africa Government Gazette dated 2017-11-24 number 41270 part 1
1225.	South Africa Government Gazette dated 2017-12-01 number 41287 part 1
1226.	South Africa Government Gazette dated 2017-12-01 number 41293
1227.	South Africa Government Gazette dated 2017-12-08 number 41306 part 1
1228.	South Africa Government Gazette dated 2017-12-15 number 41321 part 1
1229.	South Africa Government Gazette dated 2017-12-22 number 41350 part 1
1230.	South Africa Government Gazette dated 2017-12-29 number 41362 part 1
1231.	South Africa Government Gazette dated 2018-01-26 number 41399 part 1
1232.	South Africa Government Gazette dated 2018-02-02 number 41419 part 1
1233.	South Africa Government Gazette dated 2018-02-02 number 41422
1234.	South Africa Government Gazette dated 2018-02-07 number 41429
1235.	South Africa Government Gazette dated 2018-02-09 number 41432
1236.	South Africa Government Gazette dated 2018-02-16 number 41445 part 1
1237.	South Africa Government Gazette dated 2018-02-23 number 41456
1238.	South Africa Government Gazette dated 2018-02-28 number 41467
1239.	South Africa Government Gazette dated 2018-03-09 number 41488 part 1
1240.	South Africa Government Gazette dated 2018-03-16 number 41498 part 1
1241.	South Africa Government Gazette dated 2018-03-29 number 41534 part 1
1242.	South Africa Government Gazette dated 2018-03-29 number 41547
1243.	South Africa Government Gazette dated 2018-04-20 number 41581
1244.	South Africa Government Gazette dated 2018-04-26 number 41593
1245.	South Africa Government Gazette dated 2018-05-11 number 41621
1246.	South Africa Government Gazette dated 2018-05-18 number 41632 part 1
1247.	South Africa Government Gazette dated 2018-05-25 number 41650 part 1
1248.	South Africa Government Gazette dated 2018-06-01 number 41667
1249.	South Africa Government Gazette dated 2018-06-01 number 41675
1250.	South Africa Government Gazette dated 2018-06-15 number 41704 part 1
1251.	South Africa Government Gazette dated 2018-06-22 number 41722
1252.	South Africa Government Gazette dated 2018-06-29 number 41738
1253.	South Africa Government Gazette dated 2018-07-06 number 41754 part 1
1254.	South Africa Government Gazette dated 2018-07-13 number 41766
1255.	South Africa Government Gazette dated 2018-07-20 number 41781 part 1
1256.	South Africa Government Gazette dated 2018-07-27 number 41796 part 1
1257.	South Africa Government Gazette dated 2018-08-03 number 41811 part 1
1258.	South Africa Government Gazette dated 2018-08-10 number 41827
1259.	South Africa Government Gazette dated 2018-08-10 number 41834
1260.	South Africa Government Gazette dated 2018-08-17 number 41839 part 1
1261.	South Africa Government Gazette dated 2018-08-24 number 41854 part 1
1262.	South Africa Government Gazette dated 2018-08-31 number 41870 part 1
1263.	South Africa Government Gazette dated 2018-09-07 number 41887 part 1
1264.	South Africa Government Gazette dated 2018-09-14 number 41903
1265.	South Africa Government Gazette dated 2018-09-21 number 41913 part 1
1266.	South Africa Government Gazette dated 2018-09-28 number 41928 part 1
1267.	South Africa Government Gazette dated 2018-10-05 number 41955 part 1
1268.	South Africa Government Gazette dated 2018-10-12 number 41970 part 1
1269.	South Africa Government Gazette dated 2018-10-19 number 41982 part 1
1270.	South Africa Government Gazette dated 2018-10-26 number 41996 part 1
1271.	South Africa Government Gazette dated 2018-11-02 number 42010 part 1
1272.	South Africa Government Gazette dated 2018-11-09 number 42021 part 1
1273.	South Africa Government Gazette dated 2018-11-16 number 42037 part 1
1274.	South Africa Government Gazette dated 2018-11-23 number 42053 part 1
1275.	South Africa Government Gazette dated 2018-11-30 number 42068
1276.	South Africa Government Gazette dated 2018-12-06 number 42088
1277.	South Africa Government Gazette dated 2018-12-07 number 42092 part 1
1278.	South Africa Government Gazette dated 2018-12-14 number 42100
1279.	South Africa Government Gazette dated 2018-12-19 number 42123
1280.	South Africa Government Gazette dated 2018-12-21 number 42127 part 1
1281.	South Africa Government Gazette dated 2019-01-25 number 42185
1282.	South Africa Government Gazette dated 2019-02-01 number 42203 part 1
1283.	South Africa Government Gazette dated 2019-02-15 number 42230 part 1
1284.	South Africa Government Gazette dated 2019-02-22 number 42240 part 1
1285.	South Africa Government Gazette dated 2019-02-26 number 42252
1286.	South Africa Government Gazette dated 2019-03-01 number 42258
1287.	South Africa Government Gazette dated 2019-03-01 number 42268
1288.	South Africa Government Gazette dated 2019-03-08 number 42286 part 1
1289.	South Africa Government Gazette dated 2019-03-08 number 42295
1290.	South Africa Government Gazette dated 2019-03-22 number 42323 part 1
1291.	South Africa Government Gazette dated 2019-03-29 number 42337 part 1
1292.	South Africa Government Gazette dated 2019-04-05 number 42380
1293.	South Africa Government Gazette dated 2019-04-12 number 42391 part 1
1294.	South Africa Government Gazette dated 2019-04-26 number 42417 part 1
1295.	South Africa Government Gazette dated 2019-05-03 number 42431
1296.	South Africa Government Gazette dated 2019-05-10 number 42451 part 1
1297.	South Africa Government Gazette dated 2019-05-17 number 42464 part 1
1298.	South Africa Government Gazette dated 2019-05-24 number 42474 part 1
1299.	South Africa Government Gazette dated 2019-05-31 number 42496 part 1
1300.	South Africa Government Gazette dated 2019-06-07 number 42514
1301.	South Africa Government Gazette dated 2019-06-07 number 42519
1302.	South Africa Government Gazette dated 2019-06-14 number 42526
1303.	South Africa Government Gazette dated 2019-06-21 number 42536
1304.	South Africa Government Gazette dated 2019-06-28 number 42545 part 1
1305.	South Africa Government Gazette dated 2019-06-28 number 42554
1306.	South Africa Government Gazette dated 2019-07-05 number 42561
1307.	South Africa Government Gazette dated 2019-07-12 number 42576 part 1
1308.	South Africa Government Gazette dated 2019-07-19 number 42584 part 1
1309.	South Africa Government Gazette dated 2019-08-01 number 42611
1310.	South Africa Government Gazette dated 2019-08-02 number 42608
1311.	South Africa Government Gazette dated 2019-08-08 number 42622
1312.	South Africa Government Gazette dated 2019-08-16 number 42636 part 1
1313.	South Africa Government Gazette dated 2019-08-23 number 42657 part 1
1314.	South Africa Government Gazette dated 2019-08-30 number 42669 part 1
1315.	South Africa Government Gazette dated 2019-09-06 number 42684 part 1
1316.	South Africa Government Gazette dated 2019-09-13 number 42697 part 1
1317.	South Africa Government Gazette dated 2019-09-20 number 42712
1318.	South Africa Government Gazette dated 2019-09-27 number 42725 part 1
1319.	South Africa Government Gazette dated 2019-10-04 number 42739
1320.	South Africa Government Gazette dated 2019-10-10 number 42759
1321.	South Africa Government Gazette dated 2019-10-11 number 42756 part 1
1322.	South Africa Government Gazette dated 2019-10-18 number 42775 part 1
1323.	South Africa Government Gazette dated 2019-10-25 number 42788
1324.	South Africa Government Gazette dated 2019-11-01 number 42812 part 1
1325.	South Africa Government Gazette dated 2019-11-15 number 42839 part 1
1326.	South Africa Government Gazette dated 2019-11-22 number 42849 part 1
1327.	South Africa Government Gazette dated 2019-11-29 number 42861 part 1
1328.	South Africa Government Gazette dated 2019-12-13 number 42902 part 1
1329.	South Africa Government Gazette dated 2019-12-20 number 42915 part 1
1330.	South Africa Government Gazette dated 2019-12-20 number 42920
1331.	South Africa Government Gazette dated 2019-12-27 number 42927
1332.	South Africa Government Gazette dated 2020-01-03 number 42939
1333.	South Africa Government Gazette dated 2020-01-10 number 42946
1334.	South Africa Government Gazette dated 2020-01-31 number 42980 part 1
1335.	South Africa Government Gazette dated 2020-02-07 number 42999 part 1
1336.	South Africa Government Gazette dated 2020-02-14 number 43015 part 1
1337.	South Africa Government Gazette dated 2020-02-21 number 43035
1338.	South Africa Government Gazette dated 2020-02-28 number 43050
1339.	South Africa Government Gazette dated 2020-03-06 number 43073 part 1
1340.	South Africa Government Gazette dated 2020-03-20 number 43110 part 1
1341.	South Africa Government Gazette dated 2020-03-27 number 43145 part 1
1342.	South Africa Government Gazette dated 2020-05-29 number 43358
1343.	South Africa Government Gazette dated 2020-06-05 number 43407
1344.	South Africa Government Gazette dated 2020-06-19 number 43447
1345.	South Africa Government Gazette dated 2020-06-26 number 43474
1346.	South Africa Government Gazette dated 2020-07-03 number 43495 part 1
1347.	South Africa Government Gazette dated 2020-07-10 number 43514
1348.	South Africa Government Gazette dated 2020-08-14 number 43613
1349.	South Africa Government Gazette dated 2020-08-21 number 43632
1350.	South Africa Government Gazette dated 2020-08-28 number 43660
1351.	South Africa Government Gazette dated 2020-08-28 number 43665
1352.	South Africa Government Gazette dated 2020-09-04 number 43686
1353.	South Africa Government Gazette dated 2020-09-11 number 43702
1354.	South Africa Government Gazette dated 2020-09-18 number 43726 part 1
1355.	South Africa Government Gazette dated 2020-10-02 number 43758 part 1
1356.	South Africa Government Gazette dated 2020-10-16 number 43810
1357.	South Africa Government Gazette dated 2020-10-16 number 43815
1358.	South Africa Government Gazette dated 2020-10-23 number 43834 part 1
1359.	South Africa Government Gazette dated 2020-10-30 number 43855
1360.	South Africa Government Gazette dated 2020-11-05 number 43878
1361.	South Africa Government Gazette dated 2020-11-06 number 43872 part 1
1362.	South Africa Government Gazette dated 2020-11-13 number 43900 part 1
1363.	South Africa Government Gazette dated 2020-11-20 number 43913
1364.	South Africa Government Gazette dated 2020-11-27 number 43934 part 1
1365.	South Africa Government Gazette dated 2020-12-04 number 43962 part 1
1366.	South Africa Government Gazette dated 2020-12-11 number 43981 part 1
1367.	South Africa Government Gazette dated 2020-12-18 number 44003
1368.	South Africa Government Gazette dated 2021-01-15 number 44068
1369.	South Africa Government Gazette dated 2021-01-22 number 44086
1370.	South Africa Government Gazette dated 2021-01-29 number 44103 part 1
1371.	South Africa Government Gazette dated 2021-02-05 number 44173 part 1
1372.	South Africa Government Gazette dated 2021-02-12 number 44188 part 1
1373.	South Africa Government Gazette dated 2021-02-26 number 44191 part 1
1374.	South Africa Government Gazette dated 2021-03-05 number 44229 part 1
1375.	South Africa Government Gazette dated 2021-03-05 number 44239
1376.	South Africa Government Gazette dated 2021-03-19 number 44293 part 1
1377.	South Africa Government Gazette dated 2021-03-26 number 44333 part 1
1378.	South Africa Government Gazette dated 2021-04-01 number 44383 part 1
1379.	South Africa Government Gazette dated 2021-04-09 number 44427 part 1
1380.	South Africa Government Gazette dated 2021-04-16 number 44455
1381.	South Africa Government Gazette dated 2021-04-23 number 44469 part 1
1382.	South Africa Government Gazette dated 2021-05-21 number 44593 part 1
1383.	South Africa Government Gazette dated 2021-06-11 number 44701
1384.	South Africa Government Gazette dated 2021-08-20 number 45011
1385.	South Africa Government Gazette dated 2021-09-10 number 45131 part 1
1386.	South Africa Government Gazette dated 2021-10-22 number 45352 part 1
1387.	South Africa Government Gazette dated 2021-12-03 number 45568 part 1
1388.	South Africa Government Gazette dated 2022-01-14 number 45735 part 1
1389.	South Africa Government Gazette dated 2022-03-18 number 46059 part 1
1390.	South Africa Government Gazette dated 2022-04-29 number 46288 part 1
1391.	South Africa Government Gazette dated 2022-07-29 number 47133 part 1
1392.	South Africa Government Gazette dated 2022-09-09 number 46884
1393.	South Africa Government Gazette dated 2022-10-28 number 47373 part 1
1394.	South Africa Government Gazette dated 2022-11-25 number 47559 part 1
1395.	South Africa Government Gazette dated 2022-12-09 number 47665 part 1
1396.	South Africa Government Gazette dated 2023-07-21 number 49011 part 1
1397.	South Africa Government Gazette dated 2023-08-11 number 49108 part 1
1398.	South Africa Government Gazette dated 2023-09-15 number 49309
1399.	South Africa Government Gazette dated 2023-09-27 number 49372
1400.	South Africa Government Gazette dated 2023-11-03 number 49603
1401.	South Africa Government Gazette dated 2023-11-17 number 49720 part 1
1402.	South Africa Government Gazette dated 2023-12-08 number 49833 part 1
1403.	South Africa Government Gazette dated 2023-12-14 number 49863
1404.	South Africa Government Gazette dated 2024-02-09 number 50105 part 1
1405.	South Africa Government Gazette dated 2024-03-01 number 50243
1406.	South Africa Government Gazette dated 2024-04-05 number 50442 part 1
1407.	South Africa Government Gazette dated 2024-05-10 number 50645
1408.	Western Cape Provincial Gazette dated 2006-02-03 number 6340
1409.	Western Cape Provincial Gazette dated 2006-04-07 number 6352
1410.	Western Cape Provincial Gazette dated 2006-06-02 number 6362
1411.	Western Cape Provincial Gazette dated 2008-01-25 number 6494
1412.	Western Cape Provincial Gazette dated 2008-09-12 number 6559
1413.	Western Cape Provincial Gazette dated 2008-09-26 number 6563
1414.	Western Cape Provincial Gazette dated 2009-06-12 number 6636
1415.	Western Cape Provincial Gazette dated 2009-11-09 number 6675
1416.	Western Cape Provincial Gazette dated 2010-01-15 number 6687
1417.	Western Cape Provincial Gazette dated 2012-04-05 number 6980
1418.	Western Cape Provincial Gazette dated 2014-01-31 number 7224
1419.	Western Cape Provincial Gazette dated 2014-06-27 number 7282
1420.	Western Cape Provincial Gazette dated 2014-07-11 number 7285
1421.	Western Cape Provincial Gazette dated 2015-06-12 number 7402
1422.	Western Cape Provincial Gazette dated 2016-06-15 number 7633
1423.	Western Cape Provincial Gazette dated 2017-04-13 number 7758
1424.	Western Cape Provincial Gazette dated 2018-06-29 number 7947
1425.	Western Cape Provincial Gazette dated 2018-07-06 number 7952
1426.	Western Cape Provincial Gazette dated 2019-06-28 number 8115
1427.	Western Cape Provincial Gazette dated 2020-07-10 number 8267
1428.	Western Cape Provincial Gazette dated 2021-07-02 number 8458
1429.	Western Cape Provincial Gazette dated 2021-07-23 number 8466
1430.	Western Cape Provincial Gazette dated 2022-06-10 number 8608
1431.	Western Cape Provincial Gazette dated 2022-07-07 number 8627
1432.	Western Cape Provincial Gazette dated 2023-06-23 number 8780
1433.	Western Cape Provincial Gazette dated 2023-06-30 number 8784

Judgment 136

1.	Department of Land Affairs and Others v Goedgelegen Tropical Fruits (Pty) Ltd [2007] ZACC 12 (6 June 2007)	74 citations
2.	City of Johannesburg Metropolitan Municipality v Gauteng Development Tribunal and Others [2010] ZACC 11 (18 June 2010)	45 citations
3.	Alexkor Ltd and Another v Richtersveld Community and Others [2003] ZACC 18 (14 October 2003)	40 citations
4.	Molusi and Others v Voges NO and Others [2016] ZACC 6 (1 March 2016)	39 citations
5.	Camps Bay Ratepayers and Residents Association and Another v Harrison and Another [2010] ZACC 19 (4 November 2010)	38 citations
6.	Florence v Government of the Republic of South Africa (CCT 127/13) [2014] ZACC 22 (26 August 2014)	36 citations
7.	De Lange v Smuts NO and Others [1998] ZACC 6 (28 May 1998)	35 citations
8.	Prinsloo NO and Others v Goldex 15 (Pty) Ltd and Another (243/2011) [2012] ZASCA 28 (28 March 2012)	23 citations
9.	Mwelase and Others v Director- General for the Department of Rural Development and Land Reform and Another [2019] ZACC 30 (20 August 2019)	19 citations
10.	Minister of Land Affairs and Agriculture and Others v D & F Wevell Trust and Others (171/2006) [2007] ZASCA 153 (28 November 2007)	17 citations
11.	Tongoane and Others v National Minister for Agriculture and Land Affairs and Others [2010] ZACC 10 (11 May 2010)	17 citations
12.	South African Human Rights Commission on behalf of South African Jewish Board of Deputies v Masuku and Another [2022] ZACC 5 (16 February 2022)	13 citations
13.	Land Access Movement of South Africa and Others v Chairperson of the National Council of Provinces and Others [2016] ZACC 22 (28 July 2016)	12 citations
14.	Chithi and Others ; In re: Luhlwini Mchunu Community v Hancock and Others (423/2020) [2021] ZASCA 123 (23 September 2021)	11 citations
15.	Speaker of National Assembly and Another v Land Access Movement of South Africa and Others (CCT 40/15) [2019] ZACC 10 (19 March 2019)	11 citations
16.	Khumalo and Another v Twin City Developers (Pty) Ltd and Others (328 of 2017) [2017] ZASCA 143 (2 October 2017)	8 citations
17.	Hlumisa Investment Holdings (RF) Ltd and Another v Kirkinis and Others (1423/2018) [2020] ZASCA 83 (3 July 2020)	7 citations
18.	Transvaal Agricultural Union v Minister of Land Affairs and Another [1996] ZACC 22 (18 November 1996)	7 citations
19.	Minister of Rural Development and Land Reform v Normandien Farms (Pty) Ltd and Others, Mathibane and Others v Normandien Farms (Pty) Ltd and Others (370 of 2017) [2017] ZASCA 163 (29 November 2017)	6 citations
20.	Ndlovu v Ngcobo, Bekker and Another v Jika (1) (136/2002; 240/2001) [2002] ZASCA 87 (30 August 2002)	6 citations
21.	Concerned Land Claimants Organisation of Port Elizabeth v Port Elizabeth Land and Community Restoration Association and Others [2006] ZACC 14 (21 September 2006)	5 citations
22.	Crookes Brothers Ltd v Regional Land Claims Commission for the Province of Mpumalanga and Others (590/2011) [2012] ZASCA 128 (21 September 2012)	5 citations
23.	Du Toit v Minister of Transport [2005] ZACC 9 (8 September 2005)	5 citations
24.	Gamevest (Pty) Ltd v Regional Land Claims Commissioner for the Northern Province and Mpumalanga and Others (425/2001) [2002] ZASCA 117 (25 September 2002)	5 citations
25.	Kwalindile Community v King Sabata Dalinyebo Municipality and Others; Zimbane Community v King Sabata Dalinyebo Municipality and Others [2013] ZACC 6 (28 March 2013)	5 citations
26.	Hyprop Invesments Ltd v NSC Carriers and Forwarding CC and Others (935/2012) [2013] ZASCA 169 (27 November 2013)	4 citations
27.	Minister of Rural Development and Land Reform and Another v Phillips (52 of 2016) [2017] ZASCA 1 (22 February 2017)	4 citations
28.	Bakgatla-Ba-Kgafela Communal Property Association v Bakgatla-Ba-Kgafela Tribal Authority and Others [2015] ZACC 25 (20 August 2015)	3 citations
29.	Fesi and Another v Trustees Elect of the Ndabeni Communal Property Trust (411 of 2017; 412 of 2017) [2018] ZASCA 33 (27 March 2018)	3 citations
30.	Gongqose and Others v Minister of Agriculture, Forestry and Others, Gongqose and S (1340 of 2016; 287 of 2017) [2018] ZASCA 87 (1 June 2018)	3 citations
31.	Makhuva-Mathebula Community v Regional Land Claims Commissioner, Limpopo and Another (1106/2018) [2019] ZASCA 157 (28 November 2019)	3 citations
32.	Manok Family Trust v Blue Horison Investment 10 (Pty) Limited and Others (220/2013) [2014] ZASCA 92 (13 June 2014)	3 citations
33.	Salem Party Club and Others v Salem Community and Others [2017] ZACC 46 (11 December 2017)	3 citations
34.	Delta 200 Properties (Pty) Ltd v Dale and Others (LCC 31/2019) [2020] ZALCC 16 (12 August 2020)	2 citations
35.	Farjas (Pty) Ltd v Minister of Agriculture and Land Affairs of the Republic of South Africa and Others, Rainy Days Farms (Pty) Ltd v Minister of Agriculture and Land Affairs of the Republic of South Africa and Others (753/2011) [2012] ZASCA 173 (29 November 2012)	2 citations
36.	King Sabata Dalindyebo Municipality and Others v KwaLindile Community and Others (537/2011) [2012] ZASCA 96 (1 June 2012)	2 citations
37.	Mncwabe v President of Republic of South Africa and Others; Mathenjwa v President of Republic of South Africa and Others (CCT 102/22; CCT 120/22) [2023] ZACC 29 (24 August 2023)	2 citations
38.	Rajah and Another v Balduzzi (76 of 2017) [2018] ZASCA 57 (16 May 2018)	2 citations
39.	TMT Services & Supplies (Pty) Ltd t/a Traffic Management Technologies v MEC: Department of Transport, Province of KwaZulu-Natal and Others (1059 of 2020) [2022] ZASCA 27 (15 March 2022)	2 citations
40.	Tadvest Industrial (Pty) Ltd formerly known as Old Abland (Pty) Ltd v Hanekom and Others ; Tadvest Industrial (Pty) Ltd formerly known as Old Abland (Pty) Ltd v Jacobs and Others (83/2018) [2019] ZASCA 19 (25 March 2019)	2 citations
41.	Transvaal Agricultural Union v Minister of Agriculture and Land Affairs and Others (91/2003) [2005] ZASCA 12 (23 March 2005)	2 citations
42.	Caledon River Properties (Pty) Ltd t/a Magwa Construction Profteam CC v Special Investigating Unit and Another (GP17/2020) [2022] ZAST 40 (7 September 2022)	1 citation
43.	Director-General for the Department of Rural Development and Land Reform and Another v Mwelase and Others; Mwelase and Others v Director-General for the Department of Rural Development and Land Reform and Another (306 of 2017; 314 of 2017) [2018] ZASCA 105 (17 August 2018)	1 citation
44.	Dombo Community v Tshakhuma Community Trust and Others (1078 of 2017) [2018] ZASCA 190 (19 December 2018)	1 citation
45.	Emfuleni Resorts (Pty) Ltd v Mazizini Community and Others (655/2010) [2011] ZASCA 139 (23 September 2011)	1 citation
46.	Goosen and Others v Mont Chevaux Trust (148 of 2015) [2017] ZASCA 89 (6 June 2017)	1 citation
47.	Jazz Spirit 12 (Pty) Limited and Others v Regional Land Claims Commissioner: Western Cape and Others (704/2013) [2014] ZASCA 127 (22 September 2014)	1 citation
48.	Macassar Land Claims Committee v Maccsand CC and Another (201 of 2016) [2016] ZASCA 167 (23 November 2016)	1 citation
49.	Mahlangu NO v Minister of Land Affairs and Others (572/2003) [2004] ZASCA 74 (14 September 2004)	1 citation
50.	Malatji v Ledwaba NO and Others (1136/2019) [2021] ZASCA 29 (30 March 2021)	1 citation
51.	Minister of Agriculture and Land Affairs and Another v De Klerk and Others (747/2012) [2013] ZASCA 142 (30 September 2013)	1 citation
52.	Njemla v KSD Local Municipality (583/2011) [2012] ZASCA 141 (28 September 2012)	1 citation
53.	Prinsloo v Ndebele-Ndzundza Community and Others (106/2004) [2005] ZASCA 59 (31 May 2005)	1 citation
54.	Randfontein Municipality v Grobler and Others (543/2008) [2009] ZASCA 129 (29 September 2009)	1 citation
55.	Richtersveld Community and Others v Alexkor Ltd and Another (488/2001) [2003] ZASCA 14 (24 March 2003)	1 citation
56.	Salem Party Club and Others v Salem Community and Others (20626 of 2014) [2016] ZASCA 203 (13 December 2016)	1 citation
57.	Sandvliet Boerdery (Pty) Ltd v Maria Mampies and Another (107/2018) [2019] ZASCA 100 (8 July 2019)	1 citation
58.	Thobejane and Others v Regional Lands Claim Commissioner for Limpopo and Others (LCC 7 4/2018) [2022] ZALCC 3 (14 February 2022)	1 citation
59.	Van den Heever v Minister of Minerals and Energy and Others (150/2014) [2015] ZASCA 19 (19 March 2015)	1 citation
60.	Wilkinson v Law Society of the Northern Provinces (783 of 2016) [2017] ZASCA 69 (31 May 2017)	1 citation
61.	Abrams v Allie NO and Others (114/2003) [2004] ZASCA 13 (26 March 2004)
62.	Alexkor (Soc) Ltd v Richtersveld Mining Company (Pty) Ltd and Others (964/2016) [2023] ZANCHC 23 (2 June 2023)
63.	Bakgatla Ba Mmakau Traditional Authority v Maloka III (LCC 107/2020) [2020] ZALCC 26 (2 October 2020)
64.	Bakgatla-Ba-Kgafela Communal Property Association v Chief Land Claims Commissioner and Others (LCC08/2021) [2022] ZALCC 20 (8 July 2022)
65.	Baphiring Community and Others v Tshwaranani Projects CC and Others (806/2012) [2013] ZASCA 99 (6 September 2013)
66.	Bisset v Minister of Department of Rural Development and Land Reform and Others (LCC171/2021) [2023] ZALCC 15 (31 March 2023)
67.	Brown v Mbhense and Another (119/2007) [2008] ZASCA 57 (28 May 2008)
68.	Cindi Family v Minister of Rural Development and Land Reform and Others (LCC 115/2008) [2021] ZALCC 1 (19 May 2021)
69.	City of Ekurhuleni Metropolitan Municipality v Unknown Individuals Trespassing and or Attempting to Invade and or Settle on the Immoveable Property Described as Riet-Fontein 153 and Others (2019/25865) [2023] ZAGPJHC 206 (22 February 2023)
70.	Coca-Cola Beverages Africa (Pty) Limited v Competition Commission and Another (CCT 192/22) [2024] ZACC 3 (17 April 2024)
71.	Coleman and Others v Unlawful Occupiers and Others (D5527/2020B) [2023] ZAKZDHC 11 (14 March 2023)
72.	Dalasi Community v Minister of Rural Development and Land Reform and Others (LCC 55/2019) [2020] ZALCC 21 (11 November 2020)
73.	Dangazele and Others v Minister of Agriculture, Land Reform and Rural Development and Others (LCC16/2022) [2022] ZALCC 24 (20 October 2022)
74.	Dangazele and Others v Minister of Agriculture, Land Reform and Rural Development and Others (LCC160/2017) [2022] ZALCC 23 (20 October 2022)
75.	Dhlamini v Loock and Another (676/1998) [2001] ZASCA 26 (19 March 2001)
76.	Dulce Vita CC v van Coller and Others (192/2012) [2013] ZASCA 22 (22 March 2013)
77.	Emantanjeni Community v Commission on Restitution of Land Rights and Others (LCC 17/2018) [2020] ZALCC 29 (17 August 2020)
78.	Finbond Mutual Bank Limited v Elphas and Others (LCC136/2020) [2023] ZALCC 27 (25 August 2023)
79.	Florence v The Government of the Republic of South Africa (550/2012) [2013] ZASCA 104 (13 September 2013)
80.	Frannero Property Investments 202 (Pty) Ltd v Clement Phuti Selapa and Others (222 of 2020) [2022] ZASCA 61 (29 April 2022)
81.	Friedshelf 325 (Pty) Ltd and Another v Mokwena (652 of 2017) [2018] ZASCA 102 (5 July 2018)
82.	Hlumisa Investment Holdings (RF) Limited and Another v Kirkinis and Others (100390/15) [2018] ZAGPPHC 201 (31 August 2018)
83.	Hlumisa Investment Holdings (RF) Limited and Another v Kirkins and Others (100390/15) [2018] ZAGPPHC 15 (31 August 2018)
84.	Ingonyama Trust v Radebe and Others (9403/2009) [2012] ZAKZPHC 2 (25 January 2012)
85.	Ishmael and Others v Lekgalong Communial Property Association and Others (3892/2021) [2022] ZAFSHC 13 (5 May 2022)
86.	Izaacs v Government of Republic of South Africa and Others (LCC 2018/206) [2023] ZALCC 28 (4 October 2023)
87.	Jacobs v Department of Land Affairs (1284/16; 982/2017) [2019] ZASCA 122 (26 September 2019)
88.	Kgoantha, Molekoa Families and Others v Minister of Agriculture, Land Reform and Rural Development and Others (LCC 139/2019) [2021] ZALCC 5 (30 September 2021)
89.	King Sabata Dalindyebo Municipality v Landmark Mthatha (Pty) Ltd and Another (136/2012) [2013] ZASCA 91 (31 May 2013)
90.	Lugedlane Developments (Pty) Ltd and Another v Mjejane Parent Game Reserve Homeowners Association and Others (017197/2022) [2024] ZAGPJHC 1681 (10 April 2024)
91.	Luhlwini Mchunu Community v Hancock and Others (LCC 121/2017) [2020] ZALCC 1 (27 February 2020)
92.	Lukhele and Another v Mitchell (LCC 36/2020B) [2022] ZALCC 5 (4 March 2022)
93.	Mabhena Land Claim Community v Regional Land Claims Commissioner Mpumalanga Province and Others (LCC40/2019) [2021] ZALCC 31 (6 October 2021)
94.	Maja and Others v Trustees for the time being of Reboile Trust (IT2495/2001) and Others (7805/2020) [2022] ZALMPPHC 8 (10 June 2022)
95.	Makgahlela v Maboi 6 Community Trust (LCC130/2020) [2020] ZALCC 22 (10 November 2020)
96.	Makgoba and Others v Ledwaba NO and Others (54 of 2018) [2018] ZASCA 181 (4 December 2018)
97.	Malangane Community v Minister of Rural Development and Land Reform and Others (LCC 2012/117) [2022] ZALCC 22 (1 September 2022)
98.	Maloka III v Bakgatla Ba Mmakau Traditional Authority and Another (LCC 38/2020) [2020] ZALCC 27 (2 September 2020)
99.	Manenzhe Community v Regional Land Claims Commissioner and Others (LCC144/2019; LCC48/2021) [2022] ZALCC 8 (30 March 2022)
100.	Mangangeni Emmaus Westmead Returners Community Trust and Others v Minister of Rural Development and Land Reform and Others (361/2011) [2012] ZASCA 89 (31 May 2012)
101.	Mathenjwa NO and Others v Magudu Game Company (Pty) Ltd (258/2008) [2009] ZASCA 57 (28 May 2009)
102.	Mazizini Community v Minister of Rural Development and Land Reform and Others (1310/2018) [2020] ZASCA 57 (2 June 2020)
103.	Mdumane Community Trust and Others v Land Claims Commission and Others (LCC 60/2012) [2015] ZALCC 1 (19 November 2015)
104.	Meintjes v Government of the Republic of South Africa (305/2011) [2012] ZASCA 172 (28 November 2012)
105.	Mhlaba v Registrar of Deeds Pietermaritzburg and Others (LCC 116/2021) [2021] ZALCC 14 (1 December 2021)
106.	Minister of Agriculture Land Reform and Rural Development and Others v Ndumo (obo Emdwebu Community) (577/2022) [2023] ZASCA 136 (19 October 2023)
107.	Minister of Defence v Khosis Community and Others (2248/2019) [2024] ZANCHC 19 (5 April 2024)
108.	Moletele Community and Others concerning Certain Farms in the Maruleng Region (LCC 20/2012; LCC 206/2010) [2020] ZALCC 14 (9 July 2020)
109.	Moletele Community and Others v Certain Farms in the Maruleng Region ; Mnisi and Others v Communities/Tribe Members/Families (LCC 20/2012; LCC 206/2010) [2020] ZALCC 12 (3 July 2020)
110.	Moletele Community and Others v Telkom SA SOC Ltd (LCC 20/2012; LCC206/2010) [2020] ZALCC 24 (9 October 2020)
111.	Mpheleng Community Property Association v Mokwana and Others (LCC 31/2021) [2021] ZALCC 4 (1 October 2021)
112.	Mpofana Community Land Claimants (aka Amangwe 2) and Another v Regional Land Claims Commisioner and Others (LCC 164/2021; LCC 164/2021C) [2023] ZALCC 29 (9 October 2023)
113.	Mpofana Community Land Claimants (aka Amangwe 2) and Another v Regional Land Claims Commissioner KwaZulu-Natal Province and Others (LCC 164/2021B) [2023] ZALCC 30 (21 July 2023)
114.	Muslim Judicial Council and Another v Chief Land Claims Commissioner and Another (LCC 117/2022) [2024] ZALCC 11 (18 May 2024)
115.	N'wandlamharhi Communal Property Association and Another v Westcott and Others (401/2021) [2022] ZASCA 129 (3 October 2022)
116.	Ngqonga and Others v Nkonki (CA 27 of 2021) [2022] ZAECMHC 12 (13 June 2022)
117.	Niehaus v Regional Land Claims Commissioner and Others (116/2014) [2015] ZASCA 51 (27 March 2015)
118.	Nyavana Traditional Authority v MEC for Limpopo Department of Agriculture and Others (LCC 2010/220) [2020] ZALCC 23 (19 October 2020)
119.	N’Wandlamhari Communal Property Association and Another v Department of Agriculture, Land Reform and Rural Development (LCC89/2019; LCC89/2019B) [2022] ZALCC 13 (18 May 2022)
120.	N’Wandlamhari Communal Property Association and Another v Mathebula and Others (LCC 89/2019) [2023] ZALCC 23 (10 August 2023)
121.	Pillay NO v Government of Republic of South Africa and Others (LCC 2019/42) [2022] ZALCC 21 (24 June 2022)
122.	Popela Community and Others v Goedgelegen Tropical Fruits ((Pty) Ltd (441/2005) [2006] ZASCA 170 (28 September 2006)
123.	Rademeyer v Viljoen and Another (69/2011) [2011] ZASCA 189 (3 November 2011)
124.	Ramorula Community and Another v Regional Land Claims Commissioner, Limpopo and Others (LCC46/2010) [2023] ZALCC 9 (31 May 2023)
125.	Regional Land Claims Commissioner and Another v Amandebele Akwa-Manala Community (LCC160/2021) [2024] ZALCC 8 (7 May 2024)
126.	Rooyendal (Pty) Ltd v The Minister of Land Affairs (20049/2014) [2015] ZASCA 108 (21 August 2015)
127.	Sappi Southern Africa Ltd and Another v Regional Land Claims Commissioner Mpumalanga and Others (LCC105/2020) [2022] ZALCC 25 (26 October 2022)
128.	Selwane v Majeje Traditional Authority (LCC 114/2021) [2021] ZALCC 10 (30 July 2021)
129.	Silinda NO and Others v Makhubela and Others (57206/2010) [2017] ZAGPPHC 99 (16 November 2017)
130.	Silwane Community Development Trust v Regional Land Claims Commissioner, Kwazulu-Natal and Others (900/2019) [2021] ZASCA 2 (7 January 2021)
131.	Sokhela and Another v Mhlungu and Another (LCC41/2019; LCC41/2019C) [2023] ZALCC 21 (19 July 2023)
132.	Sustaining the Wild Coast NPC and Others v Minister of Mineral Resources and Energy and Others (3491/2021) [2022] ZAECGHC 45 (1 September 2022)
133.	Thobejane and Others v Regional Lands Claim Commissioner for Limpopo and Others (LCC 74/2018) [2022] ZALCC 18 (17 June 2022)
134.	Van Rooi and Another v Izinyoni Trading 271 (Pty) Ltd and Another (LCC 2022/73) [2023] ZALCC 24 (17 August 2023)
135.	Wildbeesfontein Evaton Community Claimants v Regional Land Claims Commissioner Gauteng and North West Provinces and Others (LCC 124/2013) [2021] ZALCC 8 (4 August 2021)
136.	Zimbane Land Claim Committee v Eastern Cape Development Corporation and Others (LCC42/2022C) [2022] ZALCC 10 (28 April 2022)

Legislation 13

1.	Income Tax Act, 1962	1588 citations
2.	National Environmental Management: Protected Areas Act, 2003	630 citations
3.	Prevention and Combating of Corrupt Activities Act, 2004	359 citations
4.	National Forests Act, 1998	211 citations
5.	Extension of Security of Tenure Act, 1997	161 citations
6.	Customer Care and Revenue Management	2 citations
7.	Credit Control, Tariffs and Debt Collection
8.	Land Claims Court Rules, 1997
9.	Legal Aid of South Africa Regulations, 2017
10.	Property Rates
11.	Property Rates
12.	Rates
13.	Revenue

Restitution of Land Rights Act, 1994

Act 22 of 1994

Taxonomies

Related documents

Restitution of Land Rights Act, 1994

Act 22 of 1994

Chapter IIntroductory provisions

1. Definitions

2. Enforcement of claim for restitution

3. Claims against nominees

Chapter IICommission on Restitution of Land Rights

4. Establishment of Commission on Restitution of Land Rights

5. Meetings of Commission

6. General functions of Commission

7. Delegation of powers and performance of functions

8. Performance of administrative work of Commission

9. Appointment of persons to assist Commission on ad hoc basis

10. Lodgement of claims

11. Procedure after lodgement of claim

12. Commission’s power of investigation

13. Mediation

14. Referral of claims to Court

15. Certificate of feasibility

16. Rules regarding procedure of Commission

17. Offences and penalties

18. Limitation of liability

19. Expenditure of Commission

20. Annual estimates of expenditure

21. Annual report

Chapter IIIThe Land Claims Court

22. Land Claims Court

23. Qualifications of judges of Court

24. Law of procedure and rules

25. Holding of office

26. Remuneration and conditions of employment of judges

27. Appointment of assessors

28. Seat and hearings of Court

29. Locus standi and legal representation

30. Admissibility of evidence

31. Pre-trial conference

32. Rules governing procedure

33. Factors to be taken into account by Court

34. Ruling by Court on restoration before final determination of claim

35. Court orders

36. Review of decisions of Commission

37. Appeals from Court

38. Decisions of Court a matter of public record

Chapter IVMiscellaneous provisions

39. Register of public land

40. Regulations

41. Repeal of laws, and savings

42. Transfer duty and fees

43. Short title and commencement

History of this document

01 July 2014 amendment not yet applied

16 May 2011

01 April 2008

04 February 2004

24 March 2000

23 April 1999

28 September 1998

21 November 1997

20 November 1996

06 October 1995

02 December 1994

25 November 1994 this version

17 November 1994

Related documents

Is amended by

Is commenced by

Subsidiary legislation

Cited documents 8

Legislation 8

Documents citing this one 1582

Gazette 1433

Judgment 136

Legislation 13

Chapter I
Introductory provisions

Chapter II
Commission on Restitution of Land Rights

Chapter III
The Land Claims Court

Chapter IV
Miscellaneous provisions