COMMISSION ON RESTITUTION OF LAND RIGHTS

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COMMISSION ON RESTITUTION OF LAND RIGHTS

• Restitution of Land Rights Amendment Bill
• Select Committee on Land and Environmental
  Affairs
• 29 September 2003
• Cape Town

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RESTITUTION OF LAND RIGHTS AMENDMENT BILL
(RLRAB)(Expropriation)

• 1. PURPOSE OF THE BILL
• To empower the Minister of Land Affairs to
  purchase, acquire in any other manner or
  expropriate land, a portion of land or a right in
  land for the purposes of the restoration or award
  of such land, portion of land or rights in land
  to a claimant or for any other land reform
  purpose.

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RESTITUTION OF LAND RIGHTS AMENDMENT BILL
(RLRAB)(Expropriation)

• 2. WHY THE EXPROPRIATION AMENDMENT?
• To deal with the inadequacies of the current
  legislation
• Section 35 (5A) no need to get agreement of
  all parties before expropriation.
• Section 42D(1)(d) no need to get a Court Order
  before expropriation.
• Expropriation Act, No.63 of 1975 empowers only
  the Minister of Public Works to expropriate for a
  public purpose (roads, bridges, dams, schools,
  etc.). The Amendment empowers the Minister of
  Land Affairs to expropriate for Land reform
  purposes.
• Section 24(3) of the Constitution provides for
  expropriation for Land reform (public interest)
  purposes.

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RESTITUTION OF LAND RIGHTS AMENDMENT BILL
(RLRAB)(Expropriation

• Act 126 Provision of Land and Assistance Act
  and ESTA
• These pieces of legislation provide land for
  Redistribution settlement purposes only and not
  Restitution.

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RESTITUTION OF LAND RIGHTS AMENDMENT BILL
(RLRAB)(Expropriation)

• CONSTITUTIONAL PROVISIONS FOR EXPROPRIATION
• Section 2(a) and (b)
• Property may be expropriated only in terms of law
  of general application-
• For a public purpose or in the public interest
  and
• Subject to compensation, the amount of which and
  the time and manner of payment of which have
  either been agreed to by those affected or
  decided or approved by a court.

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RESTITUTION OF LAND RIGHTS AMENDMENT BILL
(RLRAB)(Expropriation)

• Section 3(a) to (e)
• The amount of the compensation and the time and
  manner of payment must be just and equitable,
  reflecting an equitable balance between the
  public interest and the interest of those
  affected, having regard to all relevant
  circumstances, including-
• The current use of the property
• The history of the acquisition and use of the
  property
• The market value of the property
• The extent of direct state investment and subsidy
  in the acquisition and beneficial capital
  improvement of the property and
• The purpose of the expropriation.

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RESTITUTION OF LAND RIGHTS AMENDMENT BILL
(RLRAB)(Expropriation)

• SECTION 35 (5A) OF THE RESTITUTION OF LAND RIGHTS
  ACT, 22 OF 1994
• The Minister of Land Affairs has the powers
  pursuant to an order of the Court S35(1), or an
  agreement in terms of Section 42D, to expropriate
  land mutatis mutandis in accordance with the
  Expropriation Act of 1975.
• The Expropriation Act of 1975 provides for
  expropriation for public purpose.
• In terms of Section 25(4) of the Constitution,
  land reform and therefore Restitution is in terms
  of public interest.

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RESTITUTION OF LAND RIGHTS AMENDMENT BILL
(RLRAB)(Expropriation)

• Section 4(a) and (b)
• For the purposes of this section-
• (a) the public interest includes the nations
  commitment to land reform, and to reforms to
  bring about equitable access to all South
  Africas natural resources and
• (b) property is not limited to land.

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RESTITUTION OF LAND RIGHTS AMENDMENT BILL
(RLRAB)(Expropriation)

• SECTION 42D(1)(d) OF THE RESTITUTION OF LAND
  RIGHTS ACT
• Power to the Minister of Land Affairs in case of
  certain agreements
• the acquisition or expropriation by the State of
  such land, portion of land or other right to
  land,

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RESTITUTION OF LAND RIGHTS AMENDMENT BILL
(RLRAB)(Expropriation)

• 6. PROCESS AND PROGRESS TO DATE
• Call for comment from all interested parties made
  on 9 May 2003. (Gazette Notice 1331 No. 24823)
• Comments received and evaluated of 20 June 2003.
• Well attended Expropriation Amendment Bill Indaba
  at Burgerspark Hotel in Pretoria on 26 June 2003
  discussed comments.
• Technical Team met with Deputy Minister to
  consider comments and inputs from Indaba, make
  final draft, submit to Cabinet.

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RESTITUTION OF LAND RIGHTS AMENDMENT BILL
(RLRAB)(Expropriation)

• Bill endorsed by Cabinet and State Law Advisers.
• Public Hearings by Portfolio Committee on
  Agriculture and Land Affairs held on 25 and 26
  August 2003 in Cape Town.
• Adopted by the Portfolio Committee on 9 September
  2003.
• To be debated in the National Assembly on 17
  September 2003.

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COMMISSION ON RESTITUTION OF LAND RIGHTS

• I THANK YOU
• Presented by
• Mr. T T Gwanya
• Chief Land Claims Commissioner
• Private Bag X833
• PRETORIA
• 0001
• Tel. [phone]
• Fax [phone]
• E-mail ttgwanya_at_dla.gov.za

Website address www.land.pwv.gov.za