Restitution of Land Rights Act, 1994 (Act No. 22 of 1994)Chapter II : Commission on Restitution of Land Rights10. Lodgement of claims and representation of community |
| (1) | Any person who or the representative of any community which is entitled to claim restitution of a right in land, may lodge such claim which shall include a description of the land in question, the nature of the right in land of which he, she or such community was dispossessed and the nature of the right or equitable redress being claimed, on the form prescribed for this purpose by the Chief Land Claims Commissioner under section 16. |
| (2) | The Commission shall make claim forms available at all its offices. |
| (3) | If a claim is lodged on behalf of a community the basis on which it is contended that the person submitting the form represents such community, shall be declared in full and any appropriate resolution or document supporting such contention shall accompany the form at the time of lodgement: Provided that the regional land claims commissioner having jurisdiction in respect of the land in question may permit such resolution or document to be lodged at a later stage. |
| (4) | If there is an dispute as to who legitimately represents a community for the purposes of any claim under this Act, the regional land claims commissioner having jurisdiction may in the manner prescribed in rules made by the Chief Land Claims Commissioner in terms of section 16, in order to have a person or persons elected to represent the community— |
| (a) | take steps for drawing up a list of the names of the members of the community; |
| (b) | direct that a meeting of such community be convened and an election be held at that meeting; |
| (c) | take such other steps as may be reasonably necessary for the election. |
| (5) | In any election in terms of subsection (4) all members of the community of 18 years or older shall be entitled to vote. |
| (6) | In making the rules contemplated in subsection (4), the Chief Land Claims Commissioner shall have regard to the cultural values of the community. |
[Section 10 substituted by section 6 of Act No. 63 of 1997]