Land claim: how it affects you

THE publication in the Star newspaper of Thursday, November 17 regarding a land claim including vast spaces of land in Alberton and the South of Johannesburg had residents asking how it will affect property owners.

The notice published includes land in Brackendowns, Kromvlei, Aspen Hills, Bassonia Rock, Alberton and Johannesburg Municipality, Allewynspoort, Tedderfiekd Airpark, Calvary Christian Prop, Randwater, NG Kerk – Danie Theron, Reading Country Club, Plot 38 Newmarket Estates CC, Liefde en Vrede, Glenvista Country Club, Waterstone College, Rietvlei, Thornbirds, Riverside Community Church, Frances Vorwerg School, Thaba ya Batswana, Ridge Park Sports Club, Panorama Development CO Pty Ltd, Rhema South Bible Church, to name but a few, and a number of family trusts listed.

The RECORD posed the following questions to the office of the Regional Land Claims Commissioner: Gauteng Province:
How will these claims affect:
*Built-up areas
*Resale value of their properties
*Individual homeowners who own property in said areas
*Already developed conference and wedding centres / venues and golf courses
*Already developed churches and schools?
*How will homeowners be affected by the land claims – will they have to give up their homes?

ANSWER:
The Commission on Restitution of Land Rights (the Commission) is guided by the principle of the primacy of restoration unless public interest considerations suggest otherwise, in addition to the factors militating for and against restoration set out in section 33 of the Restitution of Land Rights Act, 1994 (Act No. 22 of 1994). The Commission is required to avoid major social disruptions whilst settling land claims, and therefore restoration of the already developed residential, recreational, commercial, and other properties used in the public interest therefore successful claims over such areas are settled by provision of alternative state-owned land or financial compensation.

How will these claims affect:
*Developers / developments already in the process of developing on said land
*Owners of vacant land in said areas
*How will landowners of vacant land be affected?

ANSWER:
The Restitution Act requires the Commission to inform the owners of claimed land, and other interested parties, of the provisions of Section 11 (7A).
As the land claim is already gazetted, all land owners are required to comply with the provisions set out in Section 11 (7) of the Act which states that:
*No person may in an improper manner obstruct the passage of the claim
*No person may sell, exchange, donate, lease, subdivide, rezone or develop claimed land without having given the Commission one month’s written notice of his or her intention to do so
*Where no notice is given, and the Court finds that the prohibited activity was not done in good faith, the Court may set aside that activity
*No claimant who occupied the claimed land when the Restitution Act came into effect may be evicted without written authority of the Commission
*No claimant or any other person may enter or occupy the claimed land without permission of the owner or lawful occupier.
If the plans to develop had already been approved by the date of publication of the gazette notice (November 4, 2016) then the provisions of Section 11(7) will not apply to those developments.

Where does this claim originate from?
ANSWER:
The land claim was lodged by Mr Thabo Lucky Mogagabe on behalf of the Bakwena Ba Mare a Phogole community.

What will land claimed be used for?
ANSWER:
If the claim is found to be compliant after further investigations of the land claim then the claimants will decide on their desired options for use of the land.
*Issued by the Commission on Restitution of Land Rights – Office of the Regional Land Claims Commissioner: Gauteng Province.

Any comments and information should be submitted to: The Regional Land Claims Commissioner: Gauteng, Private Bag X03, Arcadia, 0007. Contact number: 012 310 6500. Fax: 012 324 5812.
Comments can also be hand delivered to 9 Bailey Lane, Arcadia, Pretoria, 0007. Comments must reach the commissioner within 60 days as from November 17.

A stakeholders meeting will be held on Thursday, November 24, at Emperors Palace. Time to be confirmed. If the confirmation of the time is not available at the time of going to print, readers will be informed through our social media platforms.

For free daily local news in the south, visit our sister newspapers Alberton Record, Comaro Chronicle, Southern Courier and Get it Joburg South Magazine.

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