| (1) |
If upon completion of an investigation by the Commission in respect of specific claim— |
| (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; or |
| (c) |
[Section 14(1)(c) deleted by section 6(a) of Act No. 18 of 1999] |
| (d) |
the regional land claims commissioner is of the opinion that the claim is ready for hearing by the Court, |
the regional land claims commissioner having jurisdiction shall certify accordingly and refer the matter to the Court.
[Section 14(1) substituted by section 6(a) of Act No. 18 of 1999]
| (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 have an interest in the claim; and |
[Section 14(2)(c) substituted by section 7(a) of Act No. 78 of 1996]
| (d) |
setting out the Commission's recommendation as to the most appropriate manner in which the claim can be resolved. |
| (3) |
If in the course of an investigation by the Commission the interested parties enter into a written agreement as to how the claim should be finalised and the regional land claims commissioner having jurisdiction certifies in writing that he or she is satisfied with the agreement and that the agreement ought not to be referred to the Court, the agreement shall be effective only from the date of such certification or such later date as may be provided for in the agreement. |
[Section 14(3) substituted by section 6(b) of Act No. 18 of 1999]
| (3A) |
If the regional land claims commissioner having jurisdiction is of the opinion that— |
| (i) |
a question of law arising out of the agreement needs to be resolved; |
| (ii) |
there is doubt as to whether or not all parties who have an interest in the claim are parties to the agreement; |
| (iii) |
there is doubt as to the validity of the agreement or any part of it; |
| (iv) |
there is doubt as to the feasibility of the implementation of the agreement; |
| (vi) |
the agreement is not just and equitable in respect of any party; |
| (vii) |
the agreement is contrary to any provision of the Act; |
| (viii) |
the authority of any signatory is in doubt; |
| (ix) |
the agreement is vague or contradictory; |
| (x) |
the parties to the agreement agree that it is desirable that the agreement be made an order of Court; |
| (xi) |
the agreement ought to be referred to the Court for any other good reason, |
he or she may refer the matter to the Court.
[Section (3A) inserted by section 6(c) of Act No. 18 of 1999]
| (4) |
A referral under subsection (3A) shall be accompanied by a copy of the relevant deed of settlement and a report containing— |
| (a) |
concise information about the background to the claim and the settlement; |
| (b) |
information necessary for the Court to establish whether or not it has jurisdiction; |
| (c) |
the reasons for the referral of the matter to the Court; and |
| (d) |
the regional land claims commissioner's recommendations, if any, as to how the matter should be dealt with. |
[Section 14(4) substituted by section 6(d) of Act No. 18 of 1999]
| (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. |
| (5A) |
[Section 14(5A) deleted by section 10(1)(a) of Act No. 63 of 1997] |
| (6) |
Subject to the provisions of Chapter IIIA, 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: Provided that the Court may, on good cause shown, condone any noncompliance with the provisions of this section. |
[Section 14(6) substituted by section 6(e) of Act No. 18 of 1999]
| (7) |
[Section 14(7) deleted by section 7(c) of Act No. 78 of 1996] |
Implementation of Geneva Conventions Act, 2012
