I have made enquiries into the land claim gazetted in early November. This claim covers large areas of the South and beyond.
Currently the Land Claims Commission is in a research phase, when they’re assessing the validity of the claim. My information is that residents should make sure they get hold of the original notice of the Department of Rural Development and Land Reform, to avoid fraud and ensure they’re dealing with the correct facts – and to obtain legal advice.
It’s in everyone’s interest to resolve such claims (valid or not) as quickly as possible, to avoid the claims affecting the property market negatively. Also, it’s important to note a recent constitutional court finding, that the Department is obligated to prioritise pre-1998 land claims in terms of its processing.
The Amendment Act on the Restitution of Land (re-opening Land Claims in 2014) was found to be invalid, due to procedural errors in its drafting. New claims can’t be processed until new legislation regarding the restitution of land, is promulgated and the court gave parliament two years to do that. As this appears to be a post-1998 land claim, that may affect the time it takes to resolve it.
Furthermore, even if the claim or parts of it are regarded as valid, it doesn’t take away recourse to the law by landowners and their right to compensation.
Up until now, land claims were settled either through monetary compensation for claimants, the provision of alternative land or the restitution of land, where practicable. Land where existing economic activity is taking place or residential areas are in place, will in all probability be seen as land where it’s impractical to restore land – leaving either monetary compensation, alternative land or at the extreme end of the scale, expropriation as an option.
Expropriation in this context, will also require specific legislation affecting land reform, as the Expropriation Act was a law of general application – with the intent that further specific legislation, should be enacted as it applies to different contexts.
Manny de Freitas MP
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