Older Persons Act, 2006
R 385
Restitution of Land Rights Act, 1994 (Act No. 22 of 1994)Chapter II : Commission on Restitution of Land Rights11A. Withdrawal or amendment of notice of claim |
| (1) | Any person affected by publication of the notice of a claim in terms of section 11(1) may make representations to the regional land claims commissioner having jurisdiction for the withdrawal or amendment of that notice. |
| (2) | Where during the investigation of a claim by the Commission the regional land claims commissioner having jurisdiction has reason to believe that any of the criteria set out in paragraphs (a), (b) and (c) of section 11(1) have not been met, he or she shall publish in the Gazette and send by registered post to— |
| (a) | the claimant; |
| (b) | the owner; and |
| (c) | where applicable, a person who has made representations in terms of subsection (1) and any other party, who to his or her knowledge, may have an interest in the claim, |
a notice stating that at the expiry of the period mentioned in the notice, the notice of the claim published in terms of that section will be withdrawn unless cause to the contrary has been shown to his or her satisfaction.
[Section 11(2) substituted by section 5 of Act No. 18 of 1999]
| (3) | At the expiry of the period contemplated in subsection (2), the regional land claims commissioner shall, unless cause to the contrary has been shown to his or her satisfaction, withdraw the notice of claim and— |
| (a) | advise the persons mentioned in that subsection by notice sent by registered post; |
| (b) | cause notice of his or her decision to be published in the Gazette; and |
| (c) | take other steps to make his or her decision known in the district in which the land in question is situated. |
| (4) | The regional land claims commissioner having jurisdiction may, during the investigation of a claim by the Commission and after following the procedure set out in subsection (2), unless cause to the contrary has been shown to his or her satisfaction, amend the notice published in terms of section 11(1), whereafter the provisions of paragraphs (a), (b) and (c) of subsection (3) shall apply mutatis mutandis: Provided that the regional land claims commissioner may, without following the procedure set out in subsection (2), amend the notice to correct any obvious error in it, and cause notice of his or her decision to be published in the Gazette. |
[Section 11A inserted by section 6 of Act No. 78 of 1996]
