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South Africa
NATIONAL LEGISLATION OVERVIEWS
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Land Restitution and Reform Laws Amendment Act, No. 78 of 1996

Long title

To amend the Restitution of Land Rights Act, 1994, so as to insert certain definitions; to effect certain textual improvements; to provide that no person shall be entitled to enforce restitution of a right in land dispossessed if just and equitable compensation was paid; to provide for the appointment of certain organisations to advise the Commission on Restitution of Land Rights, to facilitate meetings of interested parties and to mediate and settle disputes; to require the leave of the Land Claims Court for the lodging of a claim in respect of land in certain circumstances; to alter the powers and duties of a regional land claims commissioner; to prohibit a person from selling, exchanging, donating, leasing, subdividing or rezoning land in respect of which a notice in terms of section 11(1) has been published without having given the regional land claims commissioner notice of his or her intention to do so; to provide that certain claims referred to the Court shall be accompanied by a document containing a list of the parties who have an interest in the claim; to prohibit the referral of claims to the Court in terms of section 14 until the Minister has issued certificates in terms of section 15 or has refused to do so; to extend the powers of the Court; to amend the provisions relating to assessors; to provide that gratuities and certain allowances of the President and judges of the Court shall not be taxable; to empower the Minister of Justice with the concurrence of the Minister of Finance to determine allowances for travelling and subsistence expenses incurred by the President and judges of the Court; to clarify the provisions relating to the manner of arriving at decisions of the Court; to provide for the seals of the Court; to provide that the proceedings of the Court shall be conducted in open court; to empower the Court to refer particular matters for investigation by a referee; to prohibit the issue of process against a judge of the Court without the consent of the Court; to provide for judgment by default; to provide for the manner of securing attendance of witnesses or the production of any document or thing in proceedings before the Court; to make special provision for the manner in which witnesses may be dealt with on refusal to give evidence or produce any document or thing; to provide for the examination by interrogatories of persons whose evidence is required in proceedings before the Court; to empower the Minister of Justice to appoint officers of the Court; to make special provision for finances and accountability in respect of the administration and functioning of the Court; to provide for the scope and execution of process of the Court; to provide for offences relating to execution; to provide for witness fees; to provide for the powers of the Court on the hearing of appeals; to provide for the application of Chapter III in respect of the performance by the Court of its functions in terms of other legislation; to express more clearly the provisions relating to the intervention of parties and legal representation; to provide that certified copies of records of the Court shall be admissible as evidence; to express more clearly the provisions relating to the power of the President of the Court to make rules in respect of the procedure of the Court; to empower the Court to make an order for costs against the State or the Commission; to empower the Court to rescind, vary or correct orders and judgments granted by the Court; to clarify the Court's power to review any act or decision of the Minister; to provide for the procedure pertaining to appeals from the Court; to require registrars of deeds to remove certain notes from their records; and to provide that references to judges of the Supreme Court in laws shall be construed so as to include judges of the Court; to amend the Land Reform (Labour Tenants) Act, 1996, so as to include references to inserted sections and to effect certain textual improvements; and to provide for matters connected therewith.

Table of contents

SECTION TITLE
1. Amendment of section 1 of Act 22 of 1994
2. Amendment of section 2 of Act 22 of 1994
3. Amendment of section 6 of Act 22 of 1994
4. Substitution of section 9 of Act 22 of 1994
5. Amendment of section 11 of Act 22 of 1994
6. Insertion of section 11A in Act 22 of 1994
7. Amendment of section 14 of Act 22 of 1994
8. Amendment of section 15 of Act 22 of 1994
9. Substitution of section 18 of Act 22 of 1994
10. Amendment of section 22 of Act 22 of 1994...
11. Substitution of section 25 of Act 22 of 1994
12. Amendment of section 26 of Act 22 of 1994...
13. Substitution of section 27 of Act 22 of 1994
14. Amendment of section 28 of Act 22 of 1994
15. Insertion of sections 28A, 28B, 28C, 28D, 28E, 28F, 28G, 28H, 28I, 28J, 28K, 28L, 28M, 28N and 28O in Act 22 of 1994
16. Substitution of section 29 of Act 22 of 1994
17. Amendment of section 30 of Act 22 of 1994
18. Amendment of section 32 of Act 22 of 1994
19. Amendment of section 34 of Act 22 of 1994
20. Amendment of section 35 of Act 22 of 1994
21. Amendment of section 36 of Act 22 of 1994
22. Substitution of section 37 of Act 22 of 1994
23. Registrar to remove certain notes
24. Interpretation of reference to judges of the Supreme Court** in laws
25. Amendment of section 3 of Act 3 of 1996
26. Substitution of section 5 of Act 3 of 1996
27. Amendment of section 17 of Act 3 of 1996
28. Amendment of section 18 of Act 3 of 1996
29. Amendment of section 19 of Act 3 of 1996
30. Amendment of section 30 of Act 3 of 1996
31. Substitution of section 35 of Act 3 of 1996
32. Amendment of section 39 of Act 3 of 1996
33. Short title

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