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South Africa
NATIONAL LEGISLATION OVERVIEWS
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Restitution of Land Rights Act, No. 22 of 1994


Long title

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.

Table of contents

SECTION TITLE

[sic - untitled text in the from of a PREAMBLE]

CHAPTER I. INTRODUCTORY PROVISIONS
1. Definitions
2. Entitlement to restitution [...was entitled "Enforcement of claim for restitution"]
3. Claims against nominees

CHAPTER II. COMMISSION ON RESTITUTION OF LAND RIGHTS
4. Establishment of Commission on Restitution of Land Rights
5. Meetings of Commission
6. General functions of Commission
7. Delegation of powers and performance of functions
8. Performance of work of Commission [...was entitled "Performance of administrative work of Commission"]
9. Appointment of persons or organisations to assist Commission on ad hoc basis [...was entitled "Appointment of persons to assist Commission on ad hoc basis"]
10. Lodgement of claims and representation of community [...was entitled "Lodgement of claims"]
11. Procedure after lodgement of claim
11A. Withdrawal or amendment of notice of claim  [...inserted by Act 1996_078_006]
12. Commission's power of investigation
13. Mediation
14. Referral of claims to Court
15. [...repealed by Act 1997_063_011 - was entitled "Certificate of feasibility"]
16. Rules regarding procedure of Commission
17. Offences and penalties
18. Limitation of liability
19. Expenditure of Commission
20. Annual estimates of expenditure
21. Annual report

CHAPTER III. THE LAND CLAIMS COURT
22. Land Claims Court
22A. [...inserted by Act 2014_015_007] [..uninserted following Constitutional Court 2016/07/27 order in Case CCT40/15[2016]ZACC22 of invalidity iro Act 2014_015_000 - was entitled 'Transitional arrangements']
23. Qualifications of judges of Court [...repealed by Act 2014_015_008 - was entitled "Qualifications of judges of Court"] [..unrepealed following Constitutional Court 2016/07/27 order in Case CCT40/15[2016]ZACC22 of invalidity iro Act 2014_015_000]
24. [...repealed by Act 1997_063_015 - was entitled "Law of procedure and rules"]
25. Holding of office
26. Remuneration and conditions of employment of judges [...repealed by Act 2014_015_009 - was entitled "Remuneration and conditions of employment of judges"] [..unrepealed following Constitutional Court 2016/07/27 order in Case CCT40/15[2016]ZACC22 of invalidity iro Act 2014_015_000]
26A. Secondment of judges and appointment of acting judges to Land Claims Court [...inserted by Act 2000_011_005] [...repealed by Act 2014_015_010 - was entitled "Secondment of judges and appointment of acting judges to Land Claims Court"] [..unrepealed following Constitutional Court 2016/07/27 order in Case CCT40/15[2016]ZACC22 of invalidity iro Act 2014_015_000]
27. Appointment of assessors
28. Seat and hearings of Court
28A. Seals of Court [...inserted by Act 1996_078_000]
28B. Proceedings to be conducted in open court [...inserted by Act 1996_078_000]
28C. Reference of particular matters for investigation by referee [...inserted by Act 1996_078_000]
28D. No process to be issued against judge of Court except with consent of court [...inserted by Act 1996_078_000]
28E. Judgement by default [...inserted by Act 1996_078_000]
28F. Manner of securing attendance of witnesses or production of any document or thing in proceedings before Court [...inserted by Act 1996_078_000]
28G. Manner in which witnesses may be dealt with on refusal to give evidence or produce any document or thing [...inserted by Act 1996_078_000]
28H. Examination by interrogatories of persons whose evidence is required in proceedings before Court [...inserted by Act 1996_078_000]
28I. Appointment of officers of Court [...inserted by Act 1996_078_000]
28J. Finances and accountability [...inserted by Act 1996_078_000]
28K. Scope and execution of process of Court [...inserted by Act 1996_078_000]
28L. Offences relating to execution [...inserted by Act 1996_078_000]
28M. Witness fees [...inserted by Act 1996_078_000]
28N. Powers of Court on hearing of appeals [...inserted by Act 1996_078_000]
28O. Application of provisions of this Chapter in respect of performance by Court of its functions under other legislation [...inserted by Act 1996_078_000]
[was "29."] Intervention to proceedings before Court, right to appear and legal representation  [...was entitled "Locus standi and legal representation" and was labeled "29."]
30. Admissibility of evidence
31. Pre-trial conference
32. Rules governing procedure
33. Factors to be taken into account by Court
34. Ruling by Court on restoration before final determination of claim
35. Court orders
35A. Mediation [...inserted by Act 1997_063_026]
36. Review of decisions of Commission [...Note: includes review of decision by Minister]
37. Appeals from Court
38. Decisions of Court a matter of public record

CHAPTER IIIA. DIRECT ACCESS TO COURT [...heading inserted by Act 1997_063_029]
38A. Definitions [...inserted by Act 1997_063_029]
38B. Application to Court for restitution of right in land [...inserted by Act 1997_063_029]
38C. Reports by regional land claims commissioner or Director-General [...inserted by Act 1997_063_029]
38D. Time limit for applications for leave to intervene under certain circumstances [...inserted by Act 1997_063_029]
38E. Additional powers of Court [...inserted by Act 1997_063_029]

CHAPTER IV. MISCELLANEOUS PROVISIONS
39. Register of public land
40. Regulations
41. Repeal of laws, and savings 
42. Transfer duty and fees
42A. Registration of land in name of claimant [...inserted by Act 1997_063_030]
42B. Certain laws not applicable in respect of land restored or awarded [...inserted by Act 1997_063_030]
42C. Financial aid [...inserted by Act 1997_063_030]
42D. Powers of Minister in case of certain agreements [...was entitled "Powers of Minister in case of waiver of rights to relief"] [...inserted by Act 1997_063_030]
42E. Acquisition of land, portion of land or right in land for land reform purposes [...inserted by Act 2003_048_005]
43. Short title and commencement

Legislation Text Access Point

Versions
[To check whether a version has commenced, and how it was commenced, please see the Timeline for the Act, and the Annotated Text for the version.]
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As unamended Act 1994_022_19941125 EXT.LINK REQ.INFO LINK
As amended by Act 1995_084_000_19951006 .  N/A REQ.INFO LINK
As amended by Act 1996_078_000_19961120 N/A REQ.INFO LINK
As amended by Act 1997_063_000_19971121 N/A REQ.INFO LINK
As amended by Act 1998_061_000_19980928 N/A REQ.INFO LINK
As amended by Act 1999_018_000_19990423 N/A REQ.INFO LINK
As amended by Act 2000_011_000_20000324 N/A REQ.INFO LINK
As amended by Act 2003_048_000_20040204 N/A REQ.INFO LINK
As amended by Act 2007_030_000_20080117 N/A REQ.INFO LINK
As amended by Act 2008_060_000_20090108 N/A REQ.INFO LINK
As amended by Act 2011_004_000_20110516 .  ** N/A REQ.INFO LINK
As amended by Act 2014_015_000_20140701 .  ** N/A REQ.INFO LINK
As amended consequent to Constitutional Court Order CCT40/15[2016]ZACC22 of 2016/07/27 iro 2014_015_000 ** N/A REQ.INFO LINK
As amended by ...N/AREQ.INFOLINK

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