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REPUBLIC OF SOUTH AFRICA ~ ---- ,., ,.,.

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GOVERNMENT GAZETTE

STAATSKOERANT
VAN DIE REPUBLIEK VAN SUID-AFRIKA

Registered at the Post Ofice as a Ne~spaper As ‘n Nuusb[ad by die Poskantoot- Geregistreer

CAPE TOWN, 21 NOVEMBER 1997

V[)L 389 No. 18449
KAAPSTAD. 21 NOVEMBER 1997

PRESIDENT’S OFFICE KANTOOR VAN DIE PRESIDENT

I
No. 1560. 21 November 1997 No. 1560. 21 November 1997

It is hereby notified that the President has assented Hierby w o r d b e k e n d gemaak dat die President Sy
to the following Act which is hereby published for general goedkeuring geheg he[ aan die onderstaande Wet wat hierby
information:— ter algemene inligting gepubliseer word:—

No. 63 of 1997: Land Restitution and Reform Laws Amend- No. 63 van 1997: Wysigingswet OP Grondherstel- en Grond-
ment Act. 1997 hervormingswette, 1997.
. NO. I X449 GO VERNhl ENT CJ,AZETTE, :1 XOVENIBER 1997

.ict No. 63, 1997 L.lND RESTITLfTION AND REFORM L.\WS

AMENDMENT .\ CT. 1997

GENERAL EXPLANATORY NOTE:

[ 1 Words in bold type in square brackets indicate omissions from
existing enactments.
Words underlined with a solid line indicate insertions in
existing enactments.

ACT
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 prohibit-
ing 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 circum-
stances; to provide for the powers of the Minister in the case of waiver of rights to
reliefi 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.

(English text signed by the Presidenf. )

(Assented [o 13 November 1997. I
4 NO, 18449 GOVERNMENT GAZETTE. 21 NOVEMBER 1997

Act No. 63, 1997 LAND RESTITUTION AND REFORM LAWS

AMENDMENT ACT. 1997

B E IT ENACTED by the Parliament of the Republic of South Africa. as

follows:

Substitution of preamble to Act 22 of 1994

1. The following preamble is hereby substituted for the preamble to the Restitution of
Land Rights Act. 1994 (Act No. 22 of 1994) (hereinafter referred to as the principal Act): 5

“WHEREAS the Constitution of the Republic of South Africa, [1993 (Act No. 200
of 1993)] 1996 (Act No. 108 of 1996), provides for restitution of [a right in land]
property or equitable redress to a person or community dispossessed [under or for
the purpose of furthering the objects of any racially based discriminatory law]
of property after 19 June 1913 as a result of past raciallv discriminate ry laws or IO
!2@.@S
AND WHEREAS [legislation for this purpose is to be designed to promote the
protection and advancement of persons, groups or categories of persons
disadvantaged by unfair discrimination, in order to promote their full and
equal enjoyment of rights in land] legislative measures designed to protect or 15
advance persons. or categories of persons, disadvantaged by unfair discrimination
may be taken to promote the achievement of equality;”.

Amendment of section 1 of Act 22 of 1994, as amended by section 1 of Act 78 of 1996

2. Section 1 of the principal Act is hereby arnended—

(a) by the substitution for the definition of “claim” of the following definition: 20
“ ‘claim’ means—
— any [application] claim for restitution of a right in land lodged with
(a)
the Commission in terms of this Act: g
(b) any application lodged with the registrar of the Court in terms of
Chapter IHA for the purpose of claiming restitution of a right in 25
~“ ;
(b) by the substitution for the definition of “claimant” of the following definition:
“ ‘claimant” [includes a community] means any person who has lodged
a claim;”;
(c) by th=fiion after the definition of “direct descendant” of the following 30
definitions:
“ ‘equitable redress’ means any equitable redress, other than the
restoration of a right in land, arising from the dispossession of a right in
land after 19 June 1913 as a result of past racially discriminatory laws or
practices, including— 35
(a) the granting of an appropriate right in alternative state-owned land;
(b) the payment of compensation;
‘High Court’ means any High Court referred to in section 166(c) of the
Constitution. excluding a high court of appeal:”;
(d) by the insertion after the definition of “organisation” of the following 40
definition:
“ ‘organ of state’ means an organ of state as defined in section 239 of the
Constitution;”;
(e) by the substitution for the definition “of “public land” of the following
definition: 45
“ ‘public land’ means all land owned by any organ of state [as defined in
section 233 of the Constitution], and includes land owned by [a local
authority,] the Land Bank and any institution in which the State is the
majority or controlling shareholder;”;
(~) by the insertion after the definition of “public land” of the following 50
definitions:
“’ ‘racially discriminatory laws’ include laws made by any sphere of
government and subordinate legislation;
‘racially discriminatory practices’ means racially discriminatory prac-
tices, acts or omissions. direct or indirect. by— 55
(a) any department of state or administration in the national. provincial
or local sphere of government;
6 No. 1s449 GOVERNMENT GAZETTE, 21 NOVEMBER I ~97

.\ct No. 63, 1997 LAND RESTITUTION AND REFOR,M LAWS

AMENDMENT ACT. 1997

(b) any other functionary or institution which exercised a public power

or performed a public function in terms of any legislation;
“restitution of a right in land’ means—
(a) the restoration of a right in land: or
(b) equitable redress; 5
‘restoration of a right in land’ means the return of a right in land
dispossessed after 19 June 1913 as a result of past racially discriminatory
laws or practices:”;
(g) by the insertion after the definition of “’right in land”’ of the following
definition: 10
‘“ ‘the Constitution’ means the Constitution of the Republic of South
Africa, 1996 (Act No. 108 of 1996);”; and
(h) by the deletion of the definition of “Supreme Court”.

Substitution of section 2 of Act 22 of 1994, as amended by section 2 of Act 78 of 1996

3. ( 1 ) The following section is hereby substituted for section 2 of the principal Act: 15

“Entitlement to restitution

2, ( 1 ) A person shall be entitled to [enforce] restitution of a right in land

if—
(a) he or she is a person or community [contemplated in section 121(2)
of the Constitution] dispossessed of a right in land after 19 June 1913 20
as a result of past racially discriminato~ laws or practices or a direct
descendant of such a person: and
[(b) ~~dflaim is not precluded b~section 121(4) of the Constitution;

(c) the claim for such restitution is lodged [within three years after a 25
date fixed by the Minister by notice in the Gazette] not later than
31 December 1998.
(1A) No person shaIl be entitled to [enforce] restitution of a right in land
if—
@ just and equitable compensation as contemplated in section [123(4)] 30
~ of the Constitution; or
(b) any other consideration wh~ch is just and equitable,
calculated at the time of any dispossession of such right. was [paid]
received in respect of such dispossession.
[(2) The date contemplated in subsection (l), shall be a date not 35
earlier than the earliest of the dates contemplated in section 43.
(3) The date contemplated in section 121(2)(u) of the Constitution is
19 June 1913.]”’.
(2) Subsection (1) shall be deemed to have come into operation on 2 December 1994.

Amendment of section 3 of Act 22 of 1994 40

4. Section 3 of the principal Act is hereby amended by the substitution for paragraph
(a) of the following paragraph:
“(a) was prevented from obtaining or retaining title to the claimed land because of
a law which would have been inconsistent with the prohibition of racial
discrimination contained in section [8(2)] 9(3) of the Constitution had that 45
subsection been in operation at the relevant~me: and”.

Amendment of section 6 of Act 22 of 1994, as amended by section 3 of Act 78 of 1996

5. Section 6 of the principal Act is hereby amended—

8 No. 18449 GOVERNMENT GAZETTE. ? 1 NOVEMBER 1997

Act ~0. 63, 1997 LAND RESTITUTION AND REFORM LAW’S

AMENDMENT ACT, 1997

(a) by the substitution for subsection (1) Of the following subsection:

“(1 ) The Commission shall, at a meeting or through the Chief Land
Claims Commissioner, a regional land claims commissioner or a person
designated by any such commissioner—
(a) subject to the provisions of section 2. receive and acknowledge 5
receipt of all claims for the restitution of rights in land lodged with
or transferred to it in terms of this Act:
(b) take reasonable steps to ensure that claimants are assisted in the
preparation and submission of claims;
(c) advise claimants of the progress of their claims at regular intervals 10
and upon reasonable request;
(cA) investigate the merits of claims contemplated in paragraph (n);
(cB ) mediate and settle disputes arising from such claims;
(d) subject to the provisions of section 14. report to the Court on the
terms of settlement in respect of successfully mediated claims: 15
(e) define any issues which may still be in dispute between the
claimants and other interested parties with a view to expediting the
hearing of claims by the Court:
(eA) draw up reports on unsettled claims for submission as evidence to
the Court and present any other relevant evidence to the Court: 20
(~) at regular intervals, take appropriate steps to make public informa-
tion regarding the persons entitled to claim restitution of rights in
land [in terms of section 121 of the Constitution], the limitations
imposed by section 2, and the manner in which claims may be
lodged with the Commission.”; and ?5
(b) by the substitution for subsection (3) of the following subsection:
“(3) Where the regional land claims commissioner having jurisdiction
or an interested partv has reason to believe that the sale. exchange.
donation, lease. subdivision [or], rezoning or development of land which
may be the subject of any order of the Court, or in respect of which a 30
person or community is entitled to claim restitution of a right in land. will
defeat the achievement of the objects of this Act, he or she may—
(a) after a claim has been lodged in respect of such land; @
(b) after the owner of the land has been notified of such claim and
referred to the provisions of this subsection [; and 35
(c) with the approval of the Chief Land Claims Commissioner,
which approval may be granted either in general or in
particular],
on reasonable notice to interested parties, apply to the Court for an
interdict prohibiting the sale. exchange, donation, lease. subdivision 40
[or], rezoning or development of the land, and the Court may, subject to
such terms and conditions and for such period as it may determine, grant
such an interdict or make any other order it deems fit.”.

Substitution of section 10 of Act 22 of 1994

6. The following section is hereby substituted for section 10 of the principal Act: 45

“Lodgement of claims and representation of community

10. (1) Any person who or the representative of any community [who]
which [is of the opinion that he or she or the community which he or she
represents] is entitled to claim restitution of a right in land [as
contemplated in section 121 of the Constitution]. may lodge such claim 50
which shall include a description of the land in question, the nature of the
right in land of which he. she or such community was dispossessed and the
nature of the right or equitable redress being claimed. on the form
prescribed for this purpose by the Chief Land Claims Commissioner under
section 16. 55
(~) The Commission shall make claim forms available at all its OffiCtX.
(3) If a claim is lodged on behalf of a community the basis on which it is
10 No. 18449 GOVERNMENT GAZETTE. 2 I NOVEMBER 1997

Act No. 63, 1997 LAND RESTITUTION AND REFORM LAWS

AMENDMENT ACT, 1997

contended that the person submitting the form represents such community,
shall be declared in full and any appropriate resolution or document
supporting such contention shall accompany the form at the time of’
lodgement: Provided that the regional land claims commissioner having
jurisdiction in respect of the land in question may permit such resolution or 5
document to be lodged at a later stage.
(4) If there is any-dispute as to wh~ legitimately represents a community
for the purposes of any claim under this Act. the regional land claims ~
commissioner having jurisdiction may in the manner prescribed in rules
made by the Chief Land Claims Commissioner in terms of section 16. in 10
order to have a person or persons elected to represent the community—
(a) take steps for drawing up a list of the names of the members of the
community;
(b) direct that a meeting of such community be convened and an election
be held at that meeting; 15
(c) take such other steps as may be reasonably necessary for the election.
(5) In any election in terms of subsection (4) all members of the
community of 18 years or older shall be entitled to vote.
(6) In making the rules contemplated in subsection (4). the Chief Lmd
Claims Commissioner shall have regard to the cultural values of the Z()
community.”.

Amendment of section 11 of Act 22 of 1994, as amended by section 5 of Act 78 of

1996

7. Section 11 of the principal Act is hereby amended—

(a) by the substitution for subsection (5) of the following subsection: 25
“(5) If an order has been made by the Court as contemplated in section
[123 of the Constitution] 35 in respect of a right or rights in land, no
person may lodge a claim in~espect of that land without the leave of the
court.”; a n d
(b) by the substitution for subsection (7) of the following subsection: 30
“(7) Once a notice has been published in respect of any land—
(a) no person may in an improper manner obstruct the passage of the
claim;
(aA) no person may sell, exchange, donate, lease. subdivide. [or] rezone
or develop the land in question without having given the regional 35
land claims commissioner one month’s written notice of his or her
intention to do so, and, where such notice was not ,given in resnect
of—
Q any sale, exchange. donation, lease, subdivision or rezoning of
land [in respect of which such notice was not given, maybe 40
set aside by] + the Court [if it] is satisfied that such sale.
exchange. donation, lease, subdivision or rezoning was not
done in good faith, [or] the Court may set aside such sale.
exchange, donation. lease, subdivision or rezoning or grant
any other order it deems fit; 45
(ii) any development of land and the Court is satisfied that such
development was not done in good faith. the court may grant
any order it deems fit;
(b) no claimant who [was resident on] occupied the land in question at
the date of commencement of this Act may be evicted from the said 50
land without the written authority of the Chief Land Claims
Commissioner;
(c) no person shall in any manner whatsoever remove or cause to be
removed, destroy or cause to be destroyed or damage or cause to be
damaged, any improvements upon the land without the written 55
authority of the Chief Land Claims Commissioner;
1~ ?40, I &149 GOVERNMENT GAZETTE, 21 NOVEMBER 1997

Act No. 63.1997 LAND RESTITUTION AND REFORM LAWS

AMENDMENT ACT. 1997

(d) no claimant or other person may enter upon and occupy the land
without the permission of the owner or lawful occupier.”.

Amendment of section 12 of Act 22 of 1994

8. Section 12 of the principal Act is hereby amended by the substitution for
subsections (4) and (5) of the following subsections, respectively: 5
“(4) If at any stage during the course of an investigation by the Commission, the
Chief Land Claims Commissioner is of the opinion that the resources of the
Commission or the Court would be more effectively utilised if all claims for
restitution in respect of the land, or area or township in question, were to be
investigated at the same time, he or she shall cause to be published in the Gwerte 10
and in such other manner as he or she deems appropriate. a notice advising
potential claimants of his or her decision and inviting them, subject to the
provisions of section [2(1)] ~, to lodge claims within a period specified in such
notice.
(5) No claim in respect of a matter contemplated in subsection (4) shall be 15
lodged after the expiry of the period specified in the said notice: Provided that the
Commission may allow a claimant on good cause shown. to lodge a claim after the
expiry of such period. but not later than [three years after the date fixed in terms
of section 2(l)(b)] 31 December 1998.”’.

.Amendment of section 13 of Act 22 of 1994 ?0

9. Section 13 of the principal Act is hereby amended by the substitution in subsection
(1) for paragraph (a) of the following paragraph:
“(a) there are two or more competing claims [to a particular right in] in respect
of the same land:”.

Amendment of section 14 of Act 22 of 1994. as amended by section 7 of Act 78 of 25

1996
10. (1) Section 14 of the principal Act is hereby amended—
(a) by the deletion of subsection (5A); and
(b) by the substitution for subsection (6) of the following subsection:
“(6) [The] Subject to the provisions of Chapter IHA. the Court shall 30
not make any order in terms of section 35 unless the Commission has, in
respect of the claim in question, acted in accordance with the provisions
of this section.”,
(2) Subsection ( 1 )(a) shall be deemed to have come into operation on 2 December
1994. 35

Repeal of section 15 of Act 22 of 1994, as amended by section 8 of Act 78 of 1996

11. (1) Section 15 of the principal Act is hereby repealed.
(2) Subsection (1) shall be deemed to have come into operation on 2 December 1994.

Amendment of section 17 of Act 22 of 1994

12. Section 17 of the principal Act is hereby amended— 40
(a) by the substitution for paragraph (a) of_the following paragraph:
“(a) contravenes the provisions of section 1 l(7)(a), ~ (b). (c) or
(d);”; and
(b) by the substitution for paragraph (d) of the following paragraph:
“(d) prevents or attempts to prevent a duly authorised officer contem- 45
plated in section 8, or a person or organisation appointed in terms of
section 9, from performing a function in terms of this Act.”.

Amendment of section 22 of Act 22 of 1994, as amended by section 1 of Act 84 of

1995 and section 10 of Act 78 of 1996

13. Section 22 of the principal Act is hereby amended— 50

(u) by the substitution for subsections ( 1 ) and (2) of the foliowing subsections,
respectively:
14 No, I 8449 GOVERNMENT GAZETTE. ? I NOVEMBER 1997

Act NO. 63. 1!)97 LAND RESTITUTION AND REFORM LAWS

zMMENDMENT ACT. 1997
.
“(1 ) There shall be a court of law to be known as the Land Claims
Court which [, in addition to the powers contemplated in section 123
of the Constitution, ] shall have the power. to the exclusion of any court
contemplated in section 166(c). (d) or (e) ot’ the Constitution—
(a) to determine a right to restitution of any right in land in accordance 5
with this Act:
(b) to determine or approve compensation payable in respect of land
owned by or in the possession of a private person upon expropria-
tion or acquisition of such land in terms of this Act:
(c) [in respect of a claim in terms of section 3,] to determine the 10
person entitled to [ownership] title to land contemplated in sec-
~;
( cA) at the instance of any interested person and in its discretion, to grant
a declaratory order on a question of law relating to section [121, 122
or 123] 25(7) of the Constitution or to this Act or to any other law 15
or matter in respect of which the Court has jurisdiction. notwith-
standing that such person might not be able to claim any relief
consequential upon the granting of such order:
(cB) to determine whether compensation or any other consideration
received by any person at the time of any dispossession of a right in 20
land was just and equitable:
(cC) to determine any matter involving the interpretation or application
of this Act or the Land Reform (Labcmr Tenants) Act. 1996 (Act No.
3 Of 1996);
(cD) to decide any constitutional matter in relation to this Actor the Land 25
Reform (Labour Tenants) Act, 1996 (Act No. 3 of 1996).
(d) to determine all other matters which require to be determined in
terms of [sections 121, 122 and 123 of the Constitution] this Act.
(2) Subject to Chapter [7] ~ of the Constitution, the Court shall have
jurisdiction throughout the Republic and shall have— 30
(a) all such powers in relation to matters falling within its jurisdiction
as are possessed bv a [provincial division of the Supreme] ~
Court having jurisdiction in civil proceedings at the place where the
land in question is situated, including the powers of [such] a
[division] High Court in relation to any contempt of the Court; 35
(b) all the ancillary powers necessary or reasonably incidental to the
performance of its functions. including the power to grant interlocu-
tory orders and interdicts.”: and
(b) by the substitution in subsection (6) for the expression “provincial or local
division of the Supreme Courr” of the expression “High Court”. ‘$0

Amendment of section 23 of Act 22 of 1994

14. Section 23 of the principal Act is hereby amended by the substitution in

subparagraph (i) of paragraph (c) for the expression “’the Supreme Court” of the
expression “a High Court”.

Repeal of section 24 of Act 22 of 1994 45

15. Section 24 of the principal Act is hereb~ repealed

Amendment of section 25 of Act 22 of 1994, as substituted by section 11 of Act 78 of

1996

16. Section 25 of the principal Act is hereby amended by the substitution for
subsection ( 1 ) of the following subsection: 50
“(1 ) The provisions of [section 104] sections 174(8) and 177 of the Constitution
16 ~0, 18-+49 GOVERNMENT GAZETTE. 21 NOVEMBER 1997

Act No. 63, 1997 LAND RESTITUTION AND REFORM LAWS

AMENDMENT ACT. 1997

with regard to making of an oath or a solemn affirmation and the removal or

suspension of judges shall apply mufafis mutandis to judges of the Court.”.

Amendment of section 26 of Act 22 of 1994, as substituted by section 2 of Act 84 of

1995 and amended by section 12 of Act 78 of 1996

17. Section 26 of the principal Act is hereby amended by the substitution in subsection 5
(1) for the expression “the Supreme Court of South Africa” of the expression “a High
court”.

Amendment of section 28 of Act 22 of 1994, as amended by section 14 of Act 78 of

1996

18. Section 28 of the principal Act is hereby amended by the substitution for 10
subsection (4) of the following subsection:
“(4) At least one assessor shall assist the Court at a contested hearing of—
(a) any claim [contemplated in section 121 of the Constitution] which has been
referred to the Court in terms of section 14; [and]
(b) any application in terms of section 34; and 15
(c) any application in terms of Chapter 111A:
Provided that this requirement shall not apply in respect of—
(i) any hearing where the only matters in dispute are questions of law; [or]
(ii) any interlocutory or preliminary hearing or pre-tnal proceedings:
(iii) any proceedings dealing with contempt of the Court.”. 20

Amendment of section 28D of Act 22 of 1994, as inserted by section 15 of Act 78 of

1996

19. Section 28D of the principal Act is hereby amended—

(a) by the substitution in subsection (1) for the expression “the provincial
division of the Supreme Court” of the expression “a High Court”; and 15
(b) by the substitution for subsection (3) of the following subsection:
“(3 ) For the purposes of subsection (1) ‘lower court’ means any court.
other than the Constitutional Court, the Supreme Court of Appeal or a
[court of a division of the Supreme] ~ Court, which is required to
keep a record of its proceedings, and includes a court of a regional 30
division and a magistrate’s court established in terms of the Magistrates’
courts Act, 1944 (Act No. 32 of 1944).”.

Amendment of section 281 of Act 22 of 1994, as inserted by section 15 of Act 78 of

1996

20. Section 281 of the principal Act is hereby amended by the substitution for the 35
proviso to subsection (2) of the following proviso:
“Provided that when any such vacancy has remained unfilled for a continuous
period exceeding six months that fact shall be reported to the Public Service
Commission established by section [209] — 196 of the Constitution.”.

Amendment of section 28J of Act 22 of 1994+ as inserted by section 15 of Act 78 of 40

1996

21. Section 28J of the principal Act is hereby amended by the substitution in
subsection (3) for paragraph (b) of the following paragraph:
“(b) cause the necessary accounting and other related records to be kept, which
records shall be audited by the Auditor-General appointed in terms of section 45
[191] 193 of the Constitution.”.
18 NO. 18449 GOVERNMENT GAZEITE, 21 NOVEMBER 1997

Act No. 63, 1997 LAND RESTITUTION AND REFORM LAWS

AMENDMENT ACT, 1997

Amendment of section 32 of Act 22 of 1994, as amended by section 18 of Act 78 of

1996

22. Section 32 of the principal Act is hereby amended by the deletion in subsection (l)
of the word “and” at the end of paragraph (c) and the insertion after that paragraph of
the following paragraph: 5
“(c A) the practice and procedure of the Court in applications in terms ot’ Chapter
111A; and”.

Substitution of section 33 of Act 22 of 1994

23. The following section is hereby substituted for section 33 of the principal Act:

“Factors to be taken into account by Court 10

33. [n considering its decision in any particular matter [, excluding the

review of a decision in terms of section 15,] the Court shall [, in addition
to the matters referred to in sections 121, 122 and 123 of the
Constitution,] have regard to the following factors:
(a) The desirability of prowding for restitution of rights in land [or 15
compensation] to [people who where dispossessed of their rights in
land as a result of or in pursuance of racially based discriminatory
laws] any person or community dispossessed as a result of past
racially discriminatory laws or practices;
(b) the desirability of remedying past violations of human rights: 20
(c) the requirements of equity and iustice;
(cA) if restoration of a right in Ian”d is claimed. the feasibility of such
restoration;
(d) the desirability of avoiding major social disruption;
(e) any provision which already exists, in respect of the land in question in 25
any matter, for that land to be dealt within a manner which is designed
to [achieve the goals conterndated in section 8(3)(a) of the
Constitution] rotect and advan~e ersons, or cate ories of ersons.
disadvantaged by unfair discrimination in order to promote the
achievement of equality and redress the results of past racial 30

(eA) d~rim’naton~
the amount of compensation or any other consideration received in
respect of the dispossession, and the circumstances prevailing at the
time of the dispossession;
the history of the dispossession, the hardship caused, the current use of 35
the land and the history of the acquisition &nd use of the land:
in the case of an order for equitable redress in the form of financial
compensation, changes over time in the value of money;
any other factor which the Court may consider relevant and consistent
with the spirit and objects of the Constitution and in particular the 40
provisions of section [8] ~ of the Constitution. “’.

Amendment of section 34 of Act 22 of 1994, as amended by section 19 of Act 78 of

1996

24. Section 34 of the principal Act is hereby amended—

(a) by the substitution for subsections (2) and (3) of the following subsections. 45
respectively:
..(~) Notice of any such application shall be given to the Commission,
which shall investigate and submit a report to the Court on the
desirability of making an order referred to in subsection ( 1): Provided
that the provisions of sections 12 and 13 shall not be so construed that it 50
20 ,No. i8449 GOVERNMENT GAZETTE, 2 I NOVEMBER 1997

Act No. 63.1997 LAND RESTITUTION AND REFORM LAWS

AMENDMENT ACT. 1997

prohibits the Commission from exercising the powers conferred by those

sections for the purposes of such investigation.
(3) Any party making an application tO the Court in te~s of
subsection ( 1 ) shall, at its own expense. take such steps as the relevant
regional land claims commissioner (or in the case of proceedings in 5
terms of Chapter 111A. the Court) may direct in order to bring the
application to the attention of other persons who may have an interest
therein. in order that they may make submissions to and appear before
the Court on the hearing of the application.”:
(b) by the substitution for subsection (5) of the following subsection: [0
“(5) After hearing an application contemplated in subsection ( 1). the
Court may—
(n) dismiss the application: [or]
(b) order that when any claim in respect of the land in question is finally
determined, the rights in the land in question. or in part of the land. 15
or certain rights in the land. shall not be restored to any claimant:
(c) make any other order it deems fit.”; and
(c) by the addition of the following subsection:
“(9) Unless the Court orders otherwise, the applicant shall not be
entitled to any order for costs against any other party.”. 20

Amendment of section 35 of Act 22 of 1994. as amended by section 20 of Act 78 of

1996

25. Section 35 of the principal Act is hereby amended—

(a} by the substitution for subsections (1) and (2) of the following subsections.
respectively: 25
“(1 ) [A person in whose favour an order contemplated in section
123(3)(c) of the Constitution has been made may, instead of
accepting such alternative relief, within 30 days after the date on
which the order was made, apply in writing to the Minister to be
registered as a preferential claimant to benefit from any State 30
support programme for housing and the allocation and development
of rural land.] The Court may order—
(a) the restoration of land. a portion of land or any right in land in]
respect of which the claim or any other claim is- made to the
claimant or award any land, a portion of or a right in land to the 35
claimant in full or in partial settlement of the claim and, where
necessruy, the prior acquisition or expropriation of the land. portion
of land or right in land: Provided that the claimant shall not be
awarded land, a portion of land or a right in land dispossessed from
another claimant. unless such other claimant is or has been granted 40
restitution of a right in land or has waived his or her right to
restitution of the right in land concerned;
(b) the State to grant the claimant an appropriate right in alternative
state-owned land and, where necessary, order the State to designate
it; 45
(c) the State to pay the claimant compensation;
(d) the State to include the ~laimant as a beneficiary of a State support
programme for housing or the allocation and development of rural
land:
(e) the grant to the claimant of any alternative relief. 50
(~) The Coufi may in addition to the orders contemplated in [section
123 of the Constitution] subsection ( 1 )—
(a) determine conditions which must~e fulfilled before a right in land
can be restored or granted to a claimant;
(b) if a claimant is required to make any payment before the right in 55
question is restored or granted, determine the amount to be paid and
the manner of payment, including the time for payment;
(c) if the claimant is a community, determine the manner in which the
rights are to be held or the compensation is to be paid or held;
?2 No. I 8449 GOVERNMENT GAZEITE. 2 I NOVEMBER 19Y7

Act No. 63.1997 LAND RESTITUTION AND REFORM LAWS

AMENDMENT ACT. 1997

recommend to the Minister that a claimant be given priority

[(d)
access to State resources in the allocation and development of
housing and land in the appropriate development programmed;]
(e) give any other directive as to how its orders are to be carried out.
including the setting of time limits for the implementation of its
orders;
(f) make an order in respect of compensatory land granted at the time
of the dispossession of the land in question:
~A ) make appropriate orders to give effect to any agreement between the
parties regarding the finalisation of the claim:
(g) m~e such order for costs as it deems just. including an order for
costs against the State or the Commission.”:
(b) by the substitution for subsection (5) of the folIowing subsection:
“(5) If the Court orders the State to expropriate land or a right in land
in order to restore it to the claimant, the Minister shall expropriate such
land or right in land in accordance, rnutatis mutandis, with the provisions
of the Expropriation Act. 1975 (Act No. 63 of 1975): Provided that the
owner of such land or right shall be entitled to the payment of just and
equitable compensation. determined either by agreement or by the Court
according to the principles laid down in section [28(3)] 25(2) and (3) of
the Constitution: Provided further that the procedure to be followed by
the Court in the determination of such compensation shall be as provided
in sections 24 and 32 of this Act.”: and
(c) by the substitution for subsection (9) of the following subsection:
“(9) Any state-owned land which is held under a lease or similar
arrangement shall be deemed to be in the possession of the State for the
purposes of [section 123(l)(a) of the Constitution] subsection ( 1 ~(a L
Provided that. if the Court orders the [restitution] restoration of a right
in such land, the lawful occupier thereof shall be entitled to just and
equitable compensation determined either by agreement or by the Court
[according to the principles laid down in section 28(3) of the
Constitution].”.
Insertion of section 35A in Act 22 of 1994
26. The following section is hereby inserted in the principal Act after section 35:
“Mediation
35A. ( 1 ) If at any stage during proceedings under this Act it becomes
evident that there is any issue which might be resolved through m>=]
and negotiation, the Court may make an order—
(a) directing the parties concerned to attempt to settle the issue through a
process of mediation and negotiation; -H)
(b) that such proceedings be stayed pending such process.
(2) (a) At order contemplated in subsection ( 1 ) shall specify the time
when and the place where such process is to start. I
(b) The Court shall appoint a fit and proper person as mediator to chair
the first meeting between the parties: Provided that the parties may at any 45
time during the course of mediation or negotiation by agreement appoint
another person to mediate the dispute.
(3) A mediator appointed in terms of subsection (2)(b) who is not in the
full-time service of the State may be paid such remuneration and
allowances in respect of the services performed by him or her as may be I 50
determined by the Minister in consultation with the Minister of Finance and I
the President of the Court.
(4) All discussion taking place and all disclosures and submissions made
during the mediation process shall be privileged, unless the parties agree to I
the contrary.”. 55
24 No. 18449 GOVERNMENT GAZETTE. 21 NOVEMBER 1997

Act % 63.1997 LAND RESTITUTION .\ND REFOR.M LAW’S

AMEXDMENT ACT. 1997
.’.
Amendment of section 37 of Act 22 of 1994. as substituted by section 37 of Act 78
of 1996
27. Section 37 of the principal Act is hereby amended—
(a) by the substitution for subsection (1) of the following subsection:
“(1 ) No appeal shall lie against a judgment or order of the Court 5
except with leave of the Court or, where such leave has been refused.
with the leave of the [Appellate Division of the Supreme Court
(hereinafter referred to as the Appellate Division)] Supreme Court of
Appeal.”;
(b) by the substitution in subsections (2). (3), (5), (6). (7) and (8) for the 10
expression “’Appellate Division” of the expression “’Supreme CoUfl of
Appeal”; and
(c) by the addition of the following subsection:
“( 10) For the purposes of this section “Supreme Court of Appeal”
means the Supreme Court of Appeal referred to in section 168 of the 15
Constitution.”.
Amendment of section 38 of Act 22 of 1994
28. Section 38 of the principal Act is hereby amended by the substitution for the
expression “the Supreme Court” of the expression “a High Court”. .
Insertion of Chapter 111A and sections 38A, 38B, 38C, 38D and 38E in Act 22 of 20 .
1994
29. The following chapter is hereby inserted after Chapter III of the principal Act:

“CHAPTER HIA

DIRECT ACCESS TO COURT

Definitions 25

38A. In this Chapter, unless the context indicates otherwise—

‘Director-General’ means the Director-General of Land Affairs;
‘registrar’ means the registrw of the Court:
‘the regional land claims commissioner’ means the regional land claims
commissioner having jurisdiction in respect of the land to which an I 30
application in terms of this Chapter relates.

Application to Court for restitution of right in land

38B. (1) Notwithstanding anything to the contrary contained in this Act.

any person who or the representative of any community which is entitled to
claim restitution of a right in land may apply to the Court for restitution of 35
such right: Provided that leave of the Court to lodge such application shall
first be obtained if—
(a) an order has been made b; the Court in terms of section 35 in respect
of a right relating to that land; or
(b) a notice has been published in the Gazette in terms of section 12(4) or 40
38D( 1 ) in respect of that land and the period specified in the said
notice has expired.
(~) An application contemplated in subsection (1) shall be in the fo~
prescribed by the rules.
(3) The regional land claims commissioner may at any stage after the 45
lodgement of an application contemplated in subsection (1) suspend the
investigation of any claim lodged in terms of section 10 in respect of the
land in question until—
(a) the CourI has ordered that the suspension be lifted; or
(b) the application has, in accordance with the rules, been withdrawn. 50
and the applicant has informed the regional land claims commissioner
accordingly.
(4) The Court may at any stage of the proceedings order that ail claims
26 No. 18449 GOVERNMENT GAZETTE. 2 I NOVEMBER 1997

Act No. 63, 1997 LAND RESTITUTION AND REFORM LAWS

AMENDMENT ACT. 1997

lodged in terms of section 10 in respect of the land in question be

transferred to the Court, whereupon the regional land claims commissioner
shall forward without delay all documents in his or her possession
pertaining to such claims to the registrar.
(5) Where all interested parties have reached agreement as to how the
claim should be finalised, the Court may make the agreement m order of
I 5

the Court.
(6) After hearing the armlication. the Court may—
(6’) make any order in t~~s of section 35: -
(b) dismiss the application;
(c) transfer all the claims before the Court in respect of the land in
question to the regional land claims commissioner: Provided that the
regional land claims commissioner shall not by virtue of such transfer
be obliged to give priority to any claim so transfened:
(d) make no order thereon but mant leave for the acmlicant
,. to renew the
application on the same papers supplemented by such further affidavits I
and documents as the case mav require.

Reports by regional land claims commissioner or Director-General

38C. The regional land claims commissioner or the Director-General

may, of his or her own accord. file a report in any app Iication in terms of this 20
Chapter and shall do so if so directed by the Court.

Time limit for applications for leave to intervene under certain

circumstances

38D. ( 1 ) If at any stage during proceedings under this Chapter the Court
is satisfied that it is necessary or appropriate that all claims for restitution in 25
respect of the land in question be considered at the same time. it may direct
the applicant to pubIish in the Ga:etre and in such other manner as it deems
appropriate. a notice advising potential claimants of its decision and
inviting them to apply for leave to intervene in the application or action
within the period specified in such notice. 30
(2) After the expiry of the period contemplated in subsection ( l)—
(a) no claim in respect of the land in question shall be lodged with the
regional land claims commissioner;
(b) no application for leave to intervene in order to enforce restitution of
a right in such land shall be lodged with the registrar; 35
(c) no application to the Court in terms of section 38B shall be lodged
with the registrar in respect of the land in question:
Provided that the Court may allow a claimant or applicant on good cause
shown, to lodge such a claim or application after the expiry of such period.
but not later than 31 December 1998. -10

Additional powers of Court

38E. The Court may. during proceedings under this Chapter and
subject to such terms and conditions as it may determine—
(a) make an order—
(i) prohibiting or setting aside the sale, exchange. donation, lease. 45
subdivision, rezoning or development of land to which an
application relates. if it is satisfied that such sale. exchange,
donation. lease. subdivision, rezoning or development—
(aa) defeats or will defeat the achievement of the objects of this
Act; 50
I
(bb) was not or will not be done in good faith:
(ii) prohibiting the eviction of any claimant who was resident on the
land in question at the date of commencement of this Act;
2s No, 1s449 GOVERNMENT GAZETTE. 21 NOVEMBER 1997

Act No. 63, 1997 LAND RESTITUTION AND REFOR,M LAW’S

AMENDMENT ACT. 1997

(iii) prohibiting the removal, destruction or damaging of improve-

ments upon the land in question:
(iv) prohibiting the entering upon and occupation of the land in
question without the permission of the owner or lawful occupier:
(b) direct the Commission or the Director-General to perform any 5
function necessary or expedient for the exercise of its powers in terms
of this Chapter;
(c) on good cause shown condone any deviation from or noncompliance
with the provisions of this Chapter or the rules;
((i) make recommendations to the Minister regarding the most appropriate 10
form of alternative relief, if any, for those claimants who do not
qualify for the restitution of rights in land in terms of the Act; and
(e) make such other order as in the circumstances appears to be lust. “’.

Insertion of sections 42A, 42B, 42C and 42D in Act 22 of 1994

30. The following sections are hereby inserted in the principal Act after section 42: 15

“Registration of land in name of claimant

42A. (1) Where, in terms of this Act. the COUrt orders the State to acquire
or expropriate land in order to restore or award the land to a claimant, the
claimant shall become owner thereof on the date of such acquisition or
expropriation. ~~
(2) No duty. fee or other charge is payable in respect of any registration
in terms of subsection ( 1).

Certain laws not applicable in respect of land restored or awarded

42B. ( 1 ) The laws governing the subdivision of agricultural land shall not
apply in respect of any subdivision undertaken in order to restore or award 25
land to any claimant in terms of this Act.
(2) The laws governing the establishment of townships shall not apply to
land restored or awarded to anY claimant in terms of this Act. as long as that I
land is predominantly occupied bv that claimant.

Financial aid 30

42C. (1) The Minister may from money appropriated by Padifiment for
this purpose and on such conditions as he or she may determine, grant an
advance or a subsidy for the development of land which is the subject of an
order of the Court in terms of this Act to-
(a) any claimant to whom restoration or the award of a right in land has 35
been ordered;
(b) any person who has waived any or all of his or her rights to relief in
terms of section 42D;
(c) any person resettled as a result of the order of the Court.
(~) For the puWoses of subsection (1) ‘development of land’ includes the 40
facilitation of the planning of any development of land.
(3) The Minister may, either in general or in a particular case or in cases
of a particular nature and on such conditions as he or she may determine,
delegate any power conferred by subsection ( 1 )—
(a) to any officer in the Department of Land Affairs; 45
(b) to a Premier of a province;
(c) with the concurrence of the Premier of a province, to another member
of the Executive Council of that province;
(d) with the concurrence of a Municipal Council, to any member of that
Municipal Council; or 50
30 No. 18449 GOVERNMENT GAZETTE.21 NOVEMBER 1997

Act No. 63, 1997 LAND RESTITUTION AND REFORM L.\WS

AMENDMENT ACT. 1997

(e) with the concurrence of the relevant Minister. to any otlicer in any
other organ of state.
(4) Any delegation of a power under subsection (3)—
(a) shall be done in writing;
(b) shall not prevent the Minister from exercising that power himself or y
herselfi and
~c) may at any time be withdrawn in writing by the Minister.
(5) The Minister may in writing for the purposes of the development of
land contemplated in subsection (1) transfer funds contemplated in that
subsection to any organ of state. 10

Powers of Minister in case of waiver of rights to relief

42D. ( 1 ) If the ,Minister is satisfied that a claimant is entitied to restitution

of a right in land. and that person has entered into an agreement in terms of
which he or she has waived any or all of his or her rights to relief under this
Act, the Minister may, after consultation with the Commission and on such 15
conditions as he or she may determine—
(a) award to the claimant land. a portion of land or any other right in land
and. where necessary. acquire such land, portion of land or other right
in land; or
(b) pay compensation to such person: or 2()
(c) make both an award and pay compensation to such person.
(2) Expenditure in connection with the exercise of the powers confemed
by subsection (1) shall be defrayed from moneys appropriated by
Parliament for that purpose.”.

Substitution of long title of Act 22 of 1994 25

31. The following long title is hereby substituted for the long title of the principal Act:
“To provide for the restitution of rights in land [in respect of which] Q persons or
communities [were] dispossessed [under or for the purpose of furthering the
objects of any racially based discriminatory law] of such rights after
19 June 1913 as a result of past racially discriminatory laws or practices: to 30
establish a Commission on Restitution of Land Rights and a Land Claims Court;
and to provide for matters connected therewith.”.

Amendment of section 1 of Act 3 of 1996

32. Section 1 of the Land Reform (Labour Tenants) Act, 1996 (Act No. 3 of 1996). is
hereby amended by the substitution for the definition of “applicant” of the following 35
definition:
“ ‘applicant’ means—
@) a labour tenant or his or her successor who has lodged an application in terms
of section 17(1); and
(b) for the purposes o=he award of land or a right in land to an applicant bv the 40
Court, any other person nominated by the applicant and approved by the
court;”.

Amendment of section 2 of Act 3 of 1996

33. Section 2 of the Land Reform (Labour Tenants) Act, 1996, is hereby amended by
the addition of the following subsections: 45
“’(5) If in any proc~edings it is proved that a person falls within paragraphs
(a), (b) and (c) of the definition of ‘labour tenant’, that person shall be presumed not
to be a farmworker, unless the contrary is proved.
(6) For the purpose of establishing whether a person is a labour tenant, a court
shall have regard to the combined effect and substance of all agreements entered 50
into between the person who avers that he or she is a labour tenant and his or her
parent or grandparent, and the owner or lessee of the land concerned.”.
3? No. 18449 GOVERNMENT GAZETTE. 2 I NOVEMBER 1997

Act No. 63, 1997 LAND RESTITUTION AND REFORM L.AWS

AMENDMENT ACT, 1997

Substitution of section 13 of Act 3 of 1996

34. The following section is hereby substituted for section 13 of the Land Reform
(Labour Tenants) Act, 1996:

“Proceedings in other courts

13. (1) The provisions of sections 7 to 10 shall apply to proceedings 5

pending in any court at the commencement of this Act.
( 1A) If an issue arises in a case in a magistrate’s court or a High
Court which requires that court to interpret or apply this Act and—
(a) no oral evidence has been led, such court shall transfer the case to the
Court and no further steps may be taken in the case in such court; 10
(b) any oral evidence has been led, such court shall decide the matter in
accordance with the provisions of this Act.
(2) Any decision or order made by a magistrate’s court in proceedings
referred to in subsection ( 1 ) or ( I A). shall in its entirety be subject to appeal
to the Court [in the manner provided in the rules] if any of the grounds 15
of appeal relates to the application or interpretation of this Act in such
decision or order.
(3) The Court shall have exclusive jurisdiction to hear any appeal
[against any such decision or order] contemplated in subsection (2).
notwithstanding the provisions of any other law to the contrary. 20
[(4) The Court may, on the hearing of an appeal in terms of this
section, confirm the decision or order or al~ow the appeal in whole or in
part.]”.

Amendment of section 17 of Act 3 of 1996, as amended by section 27 of Act 78 of

1996 25

35. Section 17 of the Land Reform (Labour Tenants ) Act. 1996, is hereby amended by
the substitution for subsection (5) of the following subsection:
“’(5) If the owner fails to inform the Director-General within the period referred
to in subsection (.4) that he or she denies that the applicant is a labour tenant, [such
failure shall constitute rebuttable evidence that] the applicant [is] shall be 30
presumed to be a labour tenant. unless the contr ary is proved.”.

Amendment of section 18 of Act 3 of 1996, as amended by section 28 of Act 78 of

1996

36. Section 18 of the Land Reform (Labour Tenants) Act, 1996. is hereby amended by
the substitution for subsection (6) of the following subsection: 35
“(6) The Director-General [shall] q submit any agreement certified by
him or her in terms of subsection (5), to the Court.”.

Substitution of section 19 of Act 3 of 1996, as amended by section 29 of Act 78 of

1996

37. The following section is hereby sulxtituted for section 19 of the Land Reform 40
(Labour Tenants) Act, 1996:
ttHearing of application by Court or referral to arbitration

19. (1) On referral of an application by the Director-General. the

President of the Court or a judge of the Court nominated by him or her
[shall] may direct either that the application be heard by the Court or that it 45
be referred to arbitration.
(2) If the matter is referred to arbitration, the President of the Court or a
judge of the Court nominated by him or her, shall appoint an arbitrator to
hear the application and may g ive such directions as he or she considers
appropriate as to the procedure to be followed. 50
[(a) appoint an arbitrator to hear the application;
34 No. I 8449 GOVERNMENT GAZETTE, 21 NOVEMBER 1997

Act No. 63.1997 LAND RESTITUTION AND REFORM LAWS

AMENDMENT ACT. 1997

(b) set a date and venue for the hearing of the application;
(c) give such directions as he or she considers appropriate as to the
procedure to be followed or steps to be taken before the hearing
takes place; and
(d) take steps to ensure that the parties are notified accordingly. 5
and may order any party—
(i) to make discovery under oath of documents in his or her
possession; or
(ii) to furnish such partictdars to his or her application or reply as any
other party may reasonably require; or 10
(iii) to furnish summaries of any expert testimony which he or she
wishes to present at the hearing, ,
in such manner as may be provided in the rules.
(2)] (3) The President of the COUfi or the judge nominated by him or her
may ap~oint as arbitrator— 15
(a) a person nominated by the parties in terms of section 18(8); or
(b) a person on the panel of arbitrators referred to in section 31.
but shall not be obliged to appoint a person nominated by the parties.”.

Amendment of section 22 of Act 3 of 1996

38. Section 22 of the Land Reform (Labour Tenants) Act. 1996. is hereby amended— 20
(a) by the substitution in subsections (2) and(3) for the expression ““transfemed”
of the expression “awarded”: and
(b) by the substitution in subsection (3) and paragraph (~) of subsection (4) for the
expression “transfer” of the expression “’award”.

Substitution of section 25 of Act 3 of 1996 25

39. The following section is hereby substituted for section 25 of the Land Reform
(Labour Tenants) Act, 1996:

“Land subject to mortgage bonds or deeds of sale

25. (1) If any land [acquired] awarded under this [Act was, immedi-
ately mior to the date of such acquisition,] Chapter is encumbered by a 30
“.

registered mortgage bond or subject to a deed of sale. the applicant shall not
pay to the owner of the affected land any part of the compensation money
except on terms agreed to by the owner and the mortgagee or buyer, or in
accordance with an order of the Court in terms of subsection (2).
(2) If the owner of the affected land and the mortgagee or buyer fail to :35
conclude an agreement in terms of subsection ( 1), [any of the said persons
may apply to] the Court [for] may within a reasonable time make an order
[whereby the applicant is directed to pay out] giving directions as to the
payment of the compensation money [as the Court may determine].
(3) [The Court may, on hearing an application in terms of subsection .40
(2), make such order, including an order for costs, as it deems fit]
An order in terms of subsection (2) may be made by the Court of its own
accord after affording the interested parties a hearing or on application by—
(a) the applicant referred to in subsection ( 1);
(b) the owner of the affected land; 45
(c) the mortgagee;
(d) the buyer; or
(e) the Department of Land Affairs.”.
36 No. 18449 GOVERNMENT GAZE’tTE, 2 I NOVEMBER 1997

Act NO. 63.1997 LAND RESTITUTION AND REFORM LAWS

AMENDMENT ACT. 1997

Amendment of section 28 of Act 3 of 1996

40. Section 28 of the Land Reform (Labour Tenants) Act. 1996. is hereby amended by
the substitution for subsection (2) of the following subsection:
“(2) Any land awarded to the applicant and real rights in respect of any
servitudes awarded to the applicant shall vest in the applicant released from all 5
mortgage bonds when the order of the Court is noted against the registers of the
land concerned as referred to in subsection ( 1).”.

Substitution of section 31 of Act 3 of 1996

41. Section 31 of the Land Reform (Labour Tenants) Act, 1996, is hereby amended by
the substitution for subsections ( 1 ) and (2) of the following subsections, respectively: 10
“(1 ) The Minister shall in consultation with the Minister of Justice compile a
panel of persons from whom arbitrators shall be appointed in terms of section
[19(2)(b)] 19(3)(b).
(2) An arbitrator shall be a person who. by virtue of his or her training or
experience, has skills and knowledge relevant to [issues which are to be 15
determined in terms of Chapters III and IV] land matters and the resolution of
S!&?! @.”
Amendment of section 33 of Act 3 of 1996

42. Section 33 of the Land Reform (Labour Tenants) Act. 1996, is hereby amended by
the substitution for subsection (3) of the following subsection: 20
‘“(3) The President of the Court or a judge of the Court nominated by him
or her may determine that proceedings for the eviction of any person which
have been instituted in or transferred to the Court [for the eviction of a Iabour
tenant or his or her associate] shall take place before an arbitrator appointed
by him or her.”’. 25

Substitution of section 38 of Act 3 of 1996

43. The following section is hereby substituted for section 38 of the Land Reform
(Labour Tenants) Act. 1996:

“Deeds registration

38. (1) As soon as possible after an order of the Court has been noted by 30
the Registrar in his or her registers in respect of the land units concerned.
the Director-General shall—
(a) cause any diagrams necessary for the registration of a deed of transfer
of the awarded land and the registration of a notarial deed of the
awarded servitudes to be prepared and approved by the relevant 35
Surveyor-General;
(b) cause a deed of transfer of any land awarded [land] to the applicant to
be [transferred to the applicant] registered in terms of section 31 of
the Deeds Registries Act, 1937 (Act No. 47 of 1937), which section
shall mulatis mutandis apply: Provided that— 40
(1) all references to “transferee” shall be deemed to be references to
the applicant;
(ii) all references to “notice of expropriation” shall be deemed to be
references to the relevant order of the Court containing the
award; 45
(iii) the Director-General may perform all functions and sign all
documents required in terms of section 31 of the Deeds Registries
Act to achieve the registration of a deed of transfer of the land on
behalf of the applicant;
(c) cause a deed of cession of any awarded servitude to be registered in 50
favour of the applicant in terms of section 32 of the Deeds Registries