[Section 2 heading substituted by section 3(1) of Act No. 63 of 1997]
| (a) |
he or she is a person dispossessed of a right in land after 19 June 1913 as a result of past racially discriminatory laws or practices; or |
| (b) |
it is a deceased estate dispossessed of a right in land after 19 June 1913 as a result of past racially discriminatory laws or practices; or |
| (c) |
he or she is the direct descendant of a person referred to in paragraph (a) who has died without lodging a claim and has no ascendant who— |
| (i) |
is a direct descendant of a person referred to in paragraph (a); and |
| (ii) |
has lodged a claim for the restitution of a right in land; or |
| (d) |
it is a community or part of a community dispossessed of a right in land after 19 June 1913 as a result of past racially discriminatory laws or practices; and |
| (e) |
the claim for such restitution is lodged not later than 30 June 2019. |
[Section 2(1)(e) substituted by section 1 of Act No. 15 of 2014]
| (2) |
No person shall be entitled to restitution of a right in land if— |
| (a) |
just and equitable compensation as contemplated in section 25(3) of the Constitution; or |
| (b) |
any other consideration which is just and equitable, |
calculated at the time of any dispossession of such right, was received in respect of such dispossession.
| (3) |
If a natural person dies after lodging a claim but before the claim is finalised and— |
| (a) |
leaves a will by which the right or equitable redress claimed has been disposed of, the executor of the deceased estate, in his or her capacity as the representative of the estate, alone or, failing the executor, the heirs of the deceased alone; or |
| (b) |
does not leave a will contemplated in paragraph (a), the direct descendants alone, |
may be substituted as claimant or claimants.
| (4) |
If there is more than one direct descendant who have lodged claims for and are entitled to restitution, the right or equitable redress in question shall be divided not according to the number of individuals but by lines of succession. |
[Section 2 substituted by section 2 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 – Publisher’s Note: Section 14 of Act No. 18 of 1999 states as follows: “All proceedings which were pending before a court upon the date of promulgation of this Act, must be disposed of in accordance with section 2 of the principal Act as substituted by section 2 of this Act, unless the interests of justice require otherwise”.]
Stamp Duties Act, 1968 (Act 77 of 1968)
