| (1) |
If the regional land claims commissioner having jurisdiction is satisfied that— |
| (b) |
the claim is not precluded by the provisions of section 2; and |
[Section 11(1)(b) substituted by section 5(a) of Act No. 78 of 1996]
| (c) |
the claim is not frivolous or vexatious, |
he or she shall cause notice of the claim to be published in the Gazette and in the media circulating nationally and in the relevant province, and shall take steps to make it known in the district in which the land in question is situated.
[Section 11(1) substituted by section 3 of Act No. 15 of 2014 and deemed to have come into operation on 2 December 1994 by section 15(2) of Act No. 18 of 1999]
| (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) and (c) of subsection (1) have not been met, he or she shall advise the claimant accordingly, and of the reasons for such decision. |
[Section 11(4) substituted by section 4(b) of Act 18 of 1999 and deemed to have come into operation on 2 December 1994 by section 15(2) of Act No. 18 of 1999]
(5)
| (a) |
If after an order has been made by the Court as contemplated in section 35 or an agreement has been entered into as contemplated in section 14(3) or 42D, it is shown that another claim was lodged in terms of this Act in respect of the land to which the order or agreement relates, an interested party may apply to the Court for the rescission or variation of such order or the setting aside or variation of such agreement. |
| (b) |
The Court may grant such an application, subject to such terms and conditions as it may determine, or make any other order it deems fit. |
[Section 11(5) substituted by section 4(c) of Act No. 18 of 1999 and deemed to have come into operation on 2 December 1994 by section 15(2) of Act No. 18 of 1999]
| (5A) |
Where an appeal is pending in respect of an order of the Court contemplated in section 35, an application for the rescission or variation of such order under subsection (5) shall be made to the Constitutional Court or the Supreme Court of Appeal, as the case may be. |
[Section 11(5A) inserted by section 4(d) of Act No. 18 of 1999 and deemed to have come into operation on 2 December 1994 by section 15(2) of Act No. 18 of 1999]
| (6) |
Immediately after publishing the notice referred to in subsection (1), the regional land claims commissioner shall by notice in writing— |
| (a) |
advise the owner of the land in question and any other party which, in his or her opinion, might have an interest in the claim of the publication of the notice; and |
| (b) |
refer the owner and such other party to the provisions of subsection (7). |
[In terms of section 23 of Act No. 78 of 1996: “Every registrar of deeds shall, upon the commencement of this Act, remove any note entered in his or her records in terms of section 11(6)(b) of the principal Act.”]
[Section 11(6) substituted by section 5(c) of Act No. 78 of 1996]
| (7) |
Once a notice has been published in respect of any land— |
| (a) |
no person may in an improper manner obstruct the passage of the claim; |
| (aA) |
no person may sell, exchange, donate, lease, subdivide, rezone or develop the land in question without having given the regional land claims commissioner one month's written notice of his or her intention to do so, and, where such notice was not given in respect of— |
| (i) |
any sale, exchange, donation, lease, subdivision or rezoning of land and the Court is satisfied that such sale, exchange, donation, lease, subdivision or rezoning was not done in good faith, the Court may set aside such sale, exchange, donation, lease, subdivision or rezoning or grant any other order it deems fit; |
| (ii) |
any development of land and the Court is satisfied that such development was not done in good faith, the court may grant any order it deems fit; |
| (b) |
no claimant who occupied 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. |
[Section 11(7) substituted by section 7(b) of Act No. 63 of 1997]
| (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. |
Public Service Commission Act, 1997
