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NATIONAL LEGISLATION OVERVIEWS
Restitution of Land Rights Act, No. 22 of 1994
NATIONAL LEGISLATION OVERVIEWS
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
Legislation Text Access Point
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repealed by Act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/A | REQ.INFO | LINK |
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