Restitution of Land Rights Act, 1994 (Act No. 22 of 1994)Chapter 1 : Introductory Provisions1. Definitions |
In this Act, unless the context indicates otherwise—
means—
| (a) | any claim for restitution of a right in land lodged with the Commission in terms of this Act; or |
| (b) | any application lodged with the registrar of the Court in terms of Chapter IIIA for the purpose of claiming restitution of a right in land; |
[Definition substituted by section 2(a) of Act No. 63 of 1997]
means any person who has lodged a claim;
[Definition substituted by section 2(b) of Act No. 63 of 1997]
means the Commission on Restitution of Land Rights established by section 4;
means any group of persons whose rights in land are derived from shared rules determining access to land held in common by such group, and includes part of any such group;
"Court"
means the Land Court established by section 3 of the Land Court Act, 2023;
[Definition substituted by section 1 of The Land Court Act, 2023, Laws Amended Schedule, Notice No. 3744, GG49372, dated 27 September 2023]
"day"
in the computation of any period of time expressed in days, means any day which is not a Saturday, Sunday or public holiday and which does not fall within the period 24 December to 2 January;
[Definition inserted by section 1(a) of Act No. 78 of 1996]
"direct descendant"
of a person includes the spouse or partner in a customary union of such person whether or not such customary union has been registered;
"equitable redress"
means any equitable redress, other than the restoration of a right in land, arising from the dispossession of a right in land after 19 June 1913 as a result of past racially discriminatory laws or practices, including—
| (a) | the granting of an appropriate right in alternative state-owned land; |
| (b) | the payment of compensation; |
[Definition inserted by section 2(c) of Act No. 63 of 1997]
"High Court"
[Definition deleted by section 2 of The Land Court Act, 2023, Laws Amended Schedule, Notice No. 3744, GG49372, dated 27 September 2023]
"Minister"
means the Minister of Rural Development and Land Reform or an officer in his or her department designated by him or her;
[Definition substituted by section 20 of the Rural Development and Land Reform General Amendment Act, 2011 (Act No. 4 of 2011), Notice No. 427, GG 34300, dated 16 May 2011]
"organisation"
means an association of persons, incorporated or unincorporated, registered in terms of a law or unregistered and also any branch, section or committee of such association or any local, regional or subsidiary body which forms part of such association;
[Definition inserted by section 1(b) of Act No. 78 of 1996]
"organ of state"
means an organ of state as defined in section 239 of the Constitution;
[Definition inserted by section 2(d) of Act No. 63 of 1997]
"person"
includes a community or part thereof;
"prescribed"
means prescribed by or under this Act;
"presiding judge"
[Definition deleted by section 2 of The Land Court Act, 2023, Laws Amended Schedule, Notice No. 3744, GG49372, dated 27 September 2023]
"public land"
means all land owned by any organ of state, and includes land owned by the Land Bank and any institution in which the State is the majority or controlling shareholder;
[Definition substituted by section 2(e) of Act No. 63 of 1997]
"racially discriminatory laws"
include laws made by any sphere of government and subordinate legislation;
[Definition inserted by section 2(f) of Act No. 63 of 1997]
"racially discriminatory practices"
means racially discriminatory practices, acts or omissions, direct or indirect, by—
| (a) | any department of state or administration in the national, provincial or local sphere of government; |
| (b) | any other functionary or institution which exercised a public power or performed a public function in terms of any legislation; |
[Definition inserted by section 2(f) of Act No. 63 of 1997]
means—
| (a) | the restoration of a right in land; or |
| (b) | equitable redress |
[Definition inserted by section 2(f) of Act No. 63 of 1997]
"restoration of a right in land"
means the return of a right in land or a portion of land dispossessed after 19 June 1913 as a result of past racially discriminatory laws or practices;
[Definition substituted by section 1 of Act No. 18 of 1999]
"right in land"
means any right in land whether registered or unregistered, and may include the interest of a labour tenant and sharecropper, a customary law interest, the interest of a beneficiary under a trust arrangement and beneficial occupation for a continuous period of not less than 10 years prior to the dispossession in question;
[Definition deleted by section 2(h) of Act No. 63 of 1997]
means the Constitution of the Republic of South Africa, 1996 (Act No. 108 of 1996);
[Definition inserted by section 2(g) of Act No. 63 of 1997]
"the rules"
means the rules made under sections 16 of this Act;
[Definition substituted by section 3 of The Land Court Act, 2023, Laws Amended Schedule, Notice No. 3744, GG49372, dated 27 September 2023]
"this Act"
includes the rules and the regulations made under section 40.