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

Chapter IV : Miscellaneous Provisions

42D. Powers of Minister in case of certain agreements

 

(1) If the Minister is satisfied that a claimant is entitled to restitution of a right in land in terms of section 2, and that the claim for such restitution was lodged not later than 30 June 2019, he or she may enter into an agreement with the parties who are interested in the claim providing for one or more of the following:
(a) The award to the claimant of land, a portion of land or any other right in land: Provided that the claimant shall not be awarded land, a portion of land or a right in land dispossessed from another claimant or the latter's ascendant, unless—
(i) such other claimant is or has been granted restitution of a right in land or has waived his or her right to restoration of the right in land in question; or
(ii) the Minister is satisfied that satisfactory arrangements have been or will be made to grant such other claimant restitution of a right in land;
(b) the payment of compensation to such claimant;
(c) both an award and payment of compensation to such claimant;
(d) [Section 42D(1)(d) deleted by section 4 of Act No. 48 of 2003]
(e) the manner in which the rights awarded are to be held or the compensation is to be paid or held; or
(f) such other terms and conditions as the Minister considers appropriate.

[Section 42D(1) substituted by section 13(a) of Act No. 15 of 2014]

 

(1A) In considering a decision to enter into an agreement contemplated in subsection (1), the Minister shall have regard to the factors set out in section 33.

[Section 42D(1A) inserted by section 13(b) of Act No. 15 of 2014]

 

(2) If the claimant contemplated in subsection (1) is a community, the agreement must provide for all the members of the dispossessed community to have access to the land or the compensation in question, on a basis which is fair and non-discriminatory towards any person, including a tenant, and which ensures the accountability of the person who holds the land or compensation on behalf of such community to the members of the community.

 

(3) The Minister may delegate any power conferred upon him or her by subsection (1) or sections 42C and 42E to the Director-General of Rural Development and Land Reform, or to the Chief Land Claims Commissioner or a regional land claims commissioner.

[Section 42D(3) substituted by section 13(c) of Act No. 15 of 2014]

 

(4) The Director-General of Rural Development and Land Reform may with the consent of the Minister delegate to any officer of the State or a regional land claims commissioner any power delegated to the Director-General under subsection (3).

[Section 42D(4) substituted by section 25 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

 

(5) Any delegation under subsection (3) or (4) may be made either in general or in a particular case or in cases of a particular nature and on such conditions as may be determined by the Minister or the Director-General of Rural Development and Land Reform, as the case may be, and the Minister or the Director-General is not thereby divested of any power so delegated.

[Section 42D(4) substituted by section 25 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

 

(6) Expenditure in connection with the exercise of the powers conferred by subsection (1) shall be defrayed from moneys appropriated by Parliament for that purpose.

 

(7) The provisions of subsections (1) to (6) and section 42C shall apply mutatis mutandis in respect of an agreement entered into before the commencement of the Land Restitution and Reform Laws Amendment Act, 55 1999, in terms of which a claimant has waived any or all of his or her rights to relief under this Act.

 

[Section  42D substituted by section 12 of Act No. 18 of 1999]