Housing Development Agency Act, 2008
R 385
Restitution of Land Rights Act, 1994 (Act No. 22 of 1994)Chapter II : Commission on Restitution of Land Rights13. 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 in respect of the same land; |
[Section 13(1)(a) substituted by section 9 of Act No. 63 of 1997]
| (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. |
