PRESENTATION TO CATHOLIC PARLIAMENTARY LIAISON OFFICE 29 JUNE 2017 - - PowerPoint PPT Presentation

PRESENTATION TO CATHOLIC PARLIAMENTARY LIAISON OFFICE 29 JUNE 2017 Nonqaba Mehlomakulu

Chief Restitution Advisor

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OUTLINE

• The impact of the Natives Land Act , 1913
• Reversal of the Native Land Act legacy
• Overview of the Restitution Programme
• Are Women entitled to own land under Restitution

Act?

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THE IMPACT OF NATIVES LAND ACT, 1913

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REVERSAL OF THE NATIVES LAND ACT LEGACY

• Section 25 subsection 1 to 9 of the Constitution of the Republic of

South Africa Act 108 of 1996, enshrines the right to property.

• No one may be deprived of property except in terms of law of general

application,

• No law may permit arbitrary deprivation of property.
• Property may be expropriated only in terms of law of general

application for a public purpose or in the public interest;

• Subject to compensation,
• The amount of which and the time and manner of payment of which

have either been agreed to by those affected or decided or approved by a court.”

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REVERSAL OF THE NATIVES LAND ACT LEGACY

• Section 25 (7) of the Constitution specifically directed parliament to

enact an Act that will make sure that  a person or community dispossessed of property after 19 June 1913 as a result of past racially discriminatory laws or practices is entitled, to the extent provided by an Act of Parliament, either to restitution of that property or to equitable redress.  As a result of this section the Restitution of Land Rights Act 22 of 1994 herein referred to as “the Restitution Act” was enacted.  Restitution is one of the four elements of land reform others being Redistribution, Land Tenure and Development.

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Overview of the Restitution Programme

• The mandate for restitution emanates from s25(7) of the

Constitution.

• The Commission on Restitution of Land Rights is one of the

two principal institutions established by the Restitution of Land Rights Act, 1994 (Act No 22 of 1994) (“Restitution Act”), the other being the Land Claims Court. Its core mandate is the management of the restitution process.

• The CRLR consists of the Chief Land Claims Commissioner,

a Deputy Land Claims Commissioner, and a Regional Land Claims Commissioner. The Commissioners are supported by staff (currently 650).

• The CRLR operates in 14 offices countrywide.

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Overview of the Restitution Programme

• Claims, in terms of Section 2 (1) the Restitution Act, could be lodged

by: – A person; – A deceased estate; – A direct descendant of a person; – A community. dispossessed of a right in land, after 19 June 1913, as a result of past racially discriminatory laws or practices; who has lodged a claim; and who did not receive just and equitable compensation at the time of dispossession

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Overview of the Restitution Programme

• There are 4 main stages in processing a land claim:

 The lodgement phase of the claim – s10  The acceptance phase of the claim – s11 and Rule 3  The investigation phase of the claim – s12 and Rule 5  The referral or settlement phase of the claim – s14 or 42D

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ARE WOMEN ENTITLED TO LAND UNDER RESTITUTION ACT

• The Restitution Act does not discriminate on the grounds of gender
• When we implement a Restitution award we ensure compliance with

section 9.

• Deeds Act 1937 ensures a disclosure to marriage status upon

registration of immovable property when marriage is in community of property Marriages Act is complied with.

• Customary law and practices that prevented women from owning

land pre 1994 were declared invalid and repealed

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Thank You

Nonqaba Mehlomakulu Chief Restitution Advisor Email: Nonqaba.Mehlomakulu@drdlr.gov.za Cell: 0718560562

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