Restitution of Land Rights Amendment Draft Bill [PMB - 2017]

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Submissions are now closed (since 31 May 2017)

Rules of the National Assembly

In accordance with section 73(2) of the Constitution of the Republic of South Africa, 1996 (“the Constitution”), notice is given that Mr P J Mnguni MP intends to introduce the Restitution of Land Rights Amendment Bill, 2017 in Parliament during the second quarter of 2017.

An explanatory summary of the Bill is hereby published in accordance with Rule 276(1)(c) of the Rules of the National Assembly (9th Edition).

Bill seeks to deal with:
- the amendment of certain definitions so as to allow new claims to be lodged. These new claims will however not be processed until the claims lodged before 31 December 1998 have been finalised.
- the publication of details of a claim in media that is circulating nationally and in media that is circulated in the province in which the affected land is situated.
- the Land Claims Commission (“the Commission”) must ensure that claims lodged by 31 December 1998 are finalised first before new claims are processed. The Commission will further be required to establish a register where particulars of claims must be inserted, which register will be open to the public.
- a consequential amendment to section 12(5) of the Act as a result of extending the period for lodging a claim.
- a requirement that the Commissioner certifies in writing that all claims lodged no later than 31 December 1998 have been finalised and publishes in the Government Gazette a date from when new claims will be processed.
- an amendment to create two additional offences in respect of a person who: (a) obstructs, unduly influences, misleads or engages in any conduct which is designed to prevent, compromise or obstruct any claimant from pursuing his or her rights provided for in the Act; and (b) lodges a claim with the sole intention of defrauding the state.
- an amendment to section 22 of the Act to provide for the appointment of an acting judge of the Land Claims Court (“the Court”) when a vacancy arises or for any other sufficient reason, by the Minister of Justice and Constitutional Development (“the Minister”) after consultation with the President of the Court, for such term as the Minister may determine.
- currently the remuneration of judges of the Court is regulated by section 26 of the Act. This section is being deleted, as all judges of the Court must be a judge of the High Court of South Africa whose conditions of service are regulated by the Judges’ Remuneration and Conditions of Employment Act, 2001.
- a proposal that sections 23, 26 and 26A of the Act be repealed, as the matters dealt with in these sections are now being dealt with by the proposed amendments to section 22 of the Act.
- a further proposal that sections 38B, 38D, and 42D of the Act be amended by substitution for the date “31 December 1998” of the date “30 June 2021”. These substitutions are a direct consequence of the amendment of the cut-off date for lodging a claim for restitution in section 2(1)(e) of the Act.
- a proposal that section 42D of the Act be amended to extend the Minister’s powers of delegation.

Interested parties and institutions are invited to submit written representations on the draft bill.

Comments can be emailed to Ms B Mbete at and copied to Mr P Mnguni at by no later than Sunday, 31 May 2017.

Enquiries can be directed to Fezekisa Makeleni on tel (021) 403 2200