| (1) |
The Commission shall, at a meeting or through the Chief Land Claims Commissioner, a regional land claims commissioner or a person designated by any such commissioner— |
| (a) |
subject to the provisions of section 2, receive and acknowledge receipt of all claims for the restitution of rights in land lodged with or transferred to it in terms of this Act; |
| (b) |
take reasonable steps to ensure that claimants are assisted in the preparation and submission of claims; |
| (c) |
advise claimants of the progress of their claims at regular intervals and upon reasonable request; |
| (cA) |
investigate the merits of claims contemplated in paragraph (a); |
| (cB) |
mediate and settle disputes arising from such claims; |
| (d) |
subject to the provisions of section 14, report to the Court on the terms of settlement in respect of successfully mediated claims; |
| (e) |
define any issues which may still be in dispute between the claimants and other interested parties with a view to expediting the hearing of claims by the Court; |
| (eA) |
draw up reports on unsettled claims for submission as evidence to the Court and present any other relevant evidence to the Court; |
| (f) |
at regular intervals, take appropriate steps to make public information regarding the persons entitled to claim restitution of rights in land, the limitations imposed by section 2, and the manner in which claims may be lodged with the Commission; and |
[Section 6(1)(f) substituted by section 2(a) of Act No. 15 of 2014]
| (g) |
ensure that priority is given to claims lodged not later than 31 December 1998 and which were not finalised at the date of the commencement of the Restitution of Land Rights Amendment Act, 2014. |
[Section 6(1)(g) inserted by section 2(b) of Act No. 15 of 2014]
[Section 6(1) substituted by section 5(a) of Act No. 63 of 1997]
(1A)
| (a) |
The Commission shall establish and keep a Register which shall be known as the National Land Restitution Register. |
| (b) |
The Commission shall enter into the Register the details of all land restitution claims from the date of the commencement of the Restitution of Land Rights Amendment Act, 2014. |
| (c) |
The Commission shall keep the Register up to date and the Register shall be open to the public subject to the Promotion of Access to Information Act, 2000 (Act No 2 of 2000). |
(Subsection (1A) inserted by section 2(c) of Act No. 15 of 2014]
| (2) |
The Commission may, at a meeting or through the Chief Land Claims Commissioner; a regional land claims commissioner or a person designated by any such commissioner— |
| (a) |
monitor and make recommendations concerning the implementation of orders made by the Court under section 35; |
| (b) |
make recommendations or give advice to the Minister regarding the most appropriate form of alternative relief, if any, for those claimants who do not qualify for the restitution of rights in land in terms of this Act; |
| (c) |
on notice to interested parties, apply to the Court for a declaratory order on a question of law as contemplated in section 22(1)(cA); |
[Section 6(2)(c) substituted by section 3(a) of Act No. 78 of 1996]
| (d) |
ensure that priority is given to claims which affect a substantial number of persons, or persons who have suffered substantial losses as a result of dispossession or persons with particularly pressing needs; |
| (e) |
generally, do anything necessarily connected with or reasonably incidental to the expeditious finalisation of claims. |
| (3) |
Where the regional land claims commissioner having jurisdiction or an interested party has reason to believe that the sale, exchange, donation, lease, subdivision, rezoning or development of land which may be the subject of any order of the Court, or in respect of which a person or community is entitled to claim restitution of a right in land, will defeat the achievement of the objects of this Act, he or she may— |
| (a) |
after a claim has been lodged in respect of such land; and |
| (b) |
after the owner of the land has been notified of such claim and referred to the provisions of this subsection, |
on reasonable notice to interested parties, apply to the Court for an interdict prohibiting the sale, exchange, donation, lease, subdivision, rezoning or development of the land, and the Court may, subject to such terms and conditions and for such period as it may determine, grant such an interdict or make any other order it deems fit.
[Section 6(3) substituted by section 5(b) of Act No. 63 of 1997]
Housing Development Agency Act, 2008
