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Restitution of Land Rights Act, 1994 (Act No. 22 of 1994)

Chapter 1 : Introductory Provisions

3. Claims against nominees

 

Subject to the provisions of this Act a person shall be entitled to claim title in land if such claimant or his, her or its antecedent—

(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 9(3) of the Constitution had that subsection been in operation at the relevant time; and

[Section 3(a) substituted by section 4 of Act No. 63 of 1997]

(b) proves that the registered owner of the land holds title as a result of a transaction between such registered owner or his, her or its antecedents and the claimant or his, her or its antecedents, in terms of which such registered owner or his, her or its antecedents held the land on behalf of the claimant or his, her or its antecedents.

 

[Section 3 deemed to have come into operation on 2 December 1994 by section 15(2) of Act No. 18 of 1999]