| (a) |
the restoration of land, a portion of land or any right in land in respect of which the claim or any other claim is made to the claimant or award any land, a portion of or a right in land to the claimant in full or in partial settlement of the claim and, where necessary, the prior acquisition or expropriation of the land, portion of land or right in land: Provided that the claimant shall not be awarded land, a portion of land or a right in land dispossessed from another claimant or the latter's ascendant, unless— |
| (i) |
such other claimant is or has been granted restitution of a right in land or has waived his or her right to restoration of the right in land concerned; or |
| (ii) |
the Court is satisfied that satisfactory arrangements have been or will be made to grant such other claimant restitution of a right in land. |
[Section 35(1)(a) substituted by section 9(a) of Act No. 18 of 1999]
| (b) |
the State to grant the claimant an appropriate right in alternative state-owned land and, where necessary, order the State to designate it; |
| (c) |
the State to pay the claimant compensation; |
| (d) |
the State to include the claimant as a beneficiary of a State support programme for housing or the allocation and development of rural land; |
| (e) |
the grant to the claimant of any alternative relief. |
[Section 35(1) substituted by section 25(a) of Act No. 63 of 1997]
| (2) |
The Court may in addition to the orders contemplated in subsection (1)— |
| (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) |
[Section 35(2)(d) deleted by section 25(a) of Act No. 63 of 1997] |
| (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; |
| (fA) |
make appropriate orders to give effect to any agreement between the parties regarding the finalisation of the claim; |
| (g) |
make such order for costs as it deems just, including an order for costs against the State or the Commission. |
[Section 35(2)(g) substituted by section 20(a) of Act No. 78 of 1996]
[Section 35(2) substituted by section 25(a) of Act No. 63 of 1997]
| (3) |
An order contemplated in subsection (2)(c) shall be subject to such conditions as the Court considers necessary to ensure that all the members of the dispossessed community 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 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. |
[Section 35(3) substituted by section 9(b) of Act No. 18 of 1999]
| (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) |
[Section 35(5) deleted by section 1 of Act No. 48 of 2003] |
| (5A) |
[Section 35(5A) deleted by section 1 of Act No. 48 of 2003] |
| (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) |
[Section 35(8) deleted by section 20(b) of Act No. 78 of 1996] |
| (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 subsection (1)(a): Provided that, if the Court orders the restoration 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. |
[Section 35(9) substituted by section 25(c) of Act No. 63 of 1997]
| (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. |
| (11) |
The Court may, upon application by any person affected thereby and subject to the rules made under section 32, rescind or vary any order or judgment granted by it— |
| (a) |
in the absence of the person against whom that order or judgment was granted; |
| (b) |
which was void from its inception or was obtained by fraud or mistake common to the parties; |
| (c) |
in respect of which no appeal lies; or |
Provided that where an appeal is pending in respect of such order, or where such order was made on appeal, the application shall be made to the Constitutional Court or the Appellate Division of the Supreme Court, as the case may be.
[Section 35(11) inserted by section 20(c) of Act No. 78 of 1996]
| (12) |
The Court may, upon application by any person affected thereby, or of its own accord to— |
| (a) |
if a person is, in the circumstances contemplated in subsection (1), registered as a preferential claimant, rescind or vary the order contemplated in that subsection; |
| (b) |
correct patent errors in any order or judgment. |
[Section 35(12) inserted by section 20(c) of Act No. 78 of 1996]
Compliance Legislation Pack
