RESTITUTION OF LAND RIGHTS ACT 22 OF 1994

(Afrikaans text signed by the President)

[Assented To: 17 November 1994]

[Commencement Date: 2 December 1994]

as amended by:

Restitution of Land Rights Amendment Act 84 of 1995

Land Restitution and Reform Laws Amendment Act 78 of 1996

Land Restitution and Reform Laws Amendment Act 63 of 1997

Land Affairs General Amendment Act 61 of 1998

Land Restitution and Reform Laws Amendment Act 18 of 1999

Land Affairs General Amendment Act 11 of 2000

Restitution of Land Rights Amendment Act 48 of 2003

Public Service Amendment Act 30 of 2007

[with effect from 1 April 2008]

ACT

To provide for the restitution of rights in land to persons or communities dispossessed of such rights after 19 June 1913 as a result of past racially discriminatory laws or practices; to establish a Commission on Restitution of Land Rights and a Land Claims Court; and to provide for matters connected therewith.

WHEREAS

the Constitution of the Republic of South Africa, 1996 (Act No. 108 of 1996), provides for restitution of property or equitable redress to a person or community dispossessed of property after 19 June 1913 as a result of past racially discriminatory laws or practices;

AND WHEREAS

legislative measures designed to protect or advance persons, or categories of persons, disadvantaged by unfair discrimination may be taken to promote the achievement of equality;

Entitlement to restitution

1. A person shall be entitled to restitution of a right in land if –

(a) he or she is a person dispossessed of a right in land after 9 June 1913as 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 –

1. is a direct descendant of a person referred to in paragraph(a); and

2. 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 31 December 1998.

(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.

[S. 2 amended by s. 2 of Act 78/96 and substituted by s. 3 of Act 63/97 and s. 2 of Act 18/99]