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

Chapter IV : Miscellaneous Provisions

42C. Financial aid

 

(1) The Minister may from money appropriated by Parliament for this purpose and on such conditions as he or she may determine, grant an advance or a subsidy for the development or management of, or to facilitate the settlement of persons on, land which is the subject of an order of the Court in terms of this Act or an agreement in terms of section 14(3) or 42D, or which is expropriated in terms of section 42E, to—
(a) any claimant to whom restoration or the award of a right in land has been ordered;
(b) any claimant who has entered into an agreement contemplated in section 14(3) or 42D;
(c) any person resettled on such land.

[Section 42C(1) substituted by section 3 of Act No. 48 of 2003]

 

(2) For the purposes of subsection (1) "development of land" includes the 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 Rural Development and Land Reform;

[Section 42C(3)(a) substituted by section 24 of the Rural Development and Land Reform General Amendment Act, 2011 (Act No. 4 of 2011), Notice No. 427, GG 34300, dated 16 May 2011]

(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
(e) with the concurrence of the relevant Minister, to any officer 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 herself; 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(c) may at any time be withdrawn in writing by the Minister.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.

 

[Section 42C inserted by section 30 of Act No. 63 of 1997]