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Commission on Restitution of Land Rights

Category: Organisation
Sub Category:Statutory Body
Location:Republic of South Africa
Legal Status: The Commission on Restitution of Land Rights is established under Chapter 2 of the Restitution of Land Rights Act No. 22 1994.
URL: http://land.pwv.gov.za/restitution/
Summary Information:
The Commission on Restitution of Land Rights ('the Commission') was established on 1 March 1995, under s 122 of the Restitution of Land Rights Act 1994 ('the Act').

According to its mission statement, the Commission's aims are:
  • 'To promote justice in respect of all victims of dispossession of land rights as the result of racially discriminatory laws or practices;
  • To facilitate negotiated settlements, bringing together all stakeholders in matters related to land claims;
  • To promote sustainable use of land through the restitution process;
  • To foster and nurture a spirit of reconciliation through the restitution process among those who use land and within the nation at large.'
  • Detailed Information:
    The right to restitution or equitable redress for dispossession of property as a result of past racially discriminatory laws or practices is a right contained in South Africa's Bill of Rights (Chapter 2 of the Constitution of the Republic of South Africa). This dispossession must have occurred after 19 June 1913, the date of the enactment of Natives Land Act 1913 which curtailed the land ownership and acquisition rights of black South Africans (s 25(7) Constitution).

    The functions of the Commission include to:
  • Investigate the merits of land restitution claims; and
  • Mediate and settle disputes arising from such claims.

    If claims are not successfully mediated or settled, the Act makes provision for cases to be litigated in the Land Claims Court.

    There are seven Regional Land Claims Commissioners: in KwaZulu Natal, Western Cape, Eastern Cape, Free State & Northern Cape, Gauteng & North West and Mpumalanga and the Limpopo Province.

  • Related Entries

    Agreement
  • Richtersveld Community Land Settlement
  • Makuleke Community Land Settlement
  • District Six Land Settlement
  • Organisation
  • Land Claims Court
  • Legislation
  • Constitution of the Republic of South Africa 1996
  • Restitution of Land Rights Act 1994
  • Policy/Strategy
  • Apartheid
  • South African Land Reform Programme

  • References

    Journal Article
    Hanri Mostert (2002) Land Restitution, Social Justice and Development in South Africa 119 South African Law Journal
    Heather Giannandrea (Spring 2005) Towards a Definition of Betterment in South African Land Restitution Law 63(2) University of Toronto Faculty of Law Review
    Liesle Theron 28 Victoria University Wellington Law Review, pp311-340 (1998) Healing the past: a comparative analysis of the Waitangi Tribunal and the South African land claims system
    Resource
    Commission on Restitution of Land Rights Background to Restitution
    (1994) Restitution of Land Rights Act, 22 of 1994
    Republic of South Africa (1996) Constitution of the Republic of South Africa, Act 108 of 1996
    ABC Online (13 August 2006) S Africa warns white farmers of expropriation

    Glossary

    Statutory Body

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