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South Africa
NATIONAL LEGISLATION OVERVIEWS
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Land Restitution and Reform Laws Amendment Act, No. 63 of 1997

Long title


To amend the Restitution of Land Rights Act, 1994, so as to bring the provisions thereof into line with the Constitution of the Republic of South Africa, 1996; to define certain expressions and to amend certain definitions; to effect certain textual improvements; to provide that a regional land claims commissioner or an interested party may under certain circumstances apply for an interdict prohibiting the development of land; to provide for the election of one or more persons to represent a community for the purposes of a claim; to prohibit a person from developing 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 repeal the requirement that the Minister of Land Affairs shall issue a certificate of feasibility when a claim is referred to the Land Claims Court; to extend the powers of the Court; to provide that the assistance of an assessor shall not be necessary in proceedings dealing with contempt of the Court; to extend the factors which the Court has to take into account in considering any particular matter; to clarify the provisions relating to the powers of the Commission on Restitution of Land Rights for the purposes of an investigation in terms of section 34(2); to provide that, unless the Court orders otherwise, an applicant making an application in terms of section 34(1) shall not be entitled to any order for costs against any other party; to provide for direct access to the Court by any person entitled to claim restitution of a right in land; to provide for the registration of land restored or awarded to a claimant; to empower the Minister to grant financial aid for the development of land in certain circumstances; to provide for the powers of the Minister in the case of waiver of rights to relief; and to repeal certain obsolete provisions; to amend the Land Reform (Labour Tenants) Act, 1996, so as to regulate onus of proof where it is proved that a person falls within certain provisions of the definition of ‘‘labour tenant’’; to provide for the transfer of certain cases to the Court; to grant a discretion to the Director-General to submit certain agreements to the Court; to empower the Court to hear applications for the acquisition of land and servitudes; to further regulate the appointment of arbitrators; and to provide that transfer duty shall not be payable in respect of the acquisition of land or a right in land in terms of the Act; to amend section 24 of the Land Restitution and Reform Laws Amendment Act, 1996, so as to bring the provisions thereof into line with the Constitution of the Republic of South Africa, 1996; and to provide for matters connected therewith.

Table of contents

SECTION TITLE
1. Substitution of preamble to Act 22 of 1994
2. Amendment of section 1 of Act 22 of 1994...
3. Substitution of section 2 of Act 22 of 1994...
4. Amendment of section 3 of Act 22 of 1994
5. Amendment of section 6 of Act 22 of 1994...
6. Substitution of section 10 of Act 22 of 1994
7. Amendment of section 11 of Act 22 of 1994...
8. Amendment of section 12 of Act 22 of 1994
9. Amendment of section 13 of Act 22 of 1994
10. Amendment of section 14 of Act 22 of 1994...
11. Repeal of section 15 of Act 22 of 1994...
12. Amendment of section 17 of Act 22 of 1994
13. Amendment of section 22 of Act 22 of 1994...
14. Amendment of section 23 of Act 22 of 1994
15. Repeal of section 24 of Act 22 of 1994
16. Amendment of section 25 of Act 22 of 1994...
17. Amendment of section 26 of Act 22 of 1994...
18. Amendment of section 28 of Act 22 of 1994...
19. Amendment of section 28D of Act 22 of 1994...
20. Amendment of section 28I of Act 22 of 1994...
21. Amendment of section 28J of Act 22 of 1994...
22. Amendment of section 32 of Act 22 of 1994...
23. Substitution of section 33 of Act 22 of 1994
24. Amendment of section 34 of Act 22 of 1994...
25. Amendment of section 35 of Act 22 of 1994...
26. Insertion of section 35A in Act 22 of 1994
27. Amendment of section 37 of Act 22 of 1994...
28. Amendment of section 38 of Act 22 of 1994
29. Insertion of Chapter IIIA and sections 38A, 38B, 38C, 38D and 38E in Act 22 of 1994
30. Insertion of sections 42A, 42B, 42C and 42D in Act 22 of 1994
31. Substitution of long title of Act 22 of 1994
32. Amendment of section 1 of Act 3 of 1996
33. Amendment of section 2 of Act 3 of 1996
34. Substitution of section 13 of Act 3 of 1996
35. Amendment of section 17 of Act 3 of 1996...
36. Amendment of section 18 of Act 3 of 1996...
37. Substitution of section 19 of Act 3 of 1996...
38. Amendment of section 22 of Act 3 of 1996
39.. Substitution of section 25 of Act 3 of 1996
40. Amendment of section 28 of Act 3 of 1996
41. Substitution of section 31 of Act 3 of 1996
42. Amendment of section 33 of Act 3 of 1996
43. Substitution of section 38 of Act 3 of 1996
44. Insertion of section 38A in Act 3 of 1996
45. Substitution of section 40 of Act 3 of 1996
46. Amendment of section 24 of Act 78 of 1996
47. Short title

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