Restitution of Land Rights Act, 1994 (Act No. 22 of 1994)RulesLand Claims Court RulesPart H : Referrals39. Information and Documents to be submitted by the Commission |
| (1) | Every report by the Commission or by a regional land claims commissioner to the Court must contain at least the following information and be accompanied by a bundle containing at least the following documents, where relevant— |
| (a) | in respect of each individual claimant, where the claimant is not a community— |
| (i) | his or her full name; |
| (ii) | his or her physical and postal addresses including, where available, telephone and facsimile numbers; |
| (iii) | if he or she is represented by a legal representative, the name and address of the legal representative and also, where available, telephone and facsimile numbers; |
| (b) | if the claimant is a community— |
| (i) | its name; |
| (ii) | its legal status and constitution (if any); |
| (iii) | the physical address of its offices (if any), its postal address and, where available, its telephone and facsimile numbers; |
| (iv) | a list of its office bearers and members, if available; |
| (v) | if the community is represented by a legal representative, his or her name and address and, where available, telephone and facsimile numbers; |
| (c) | full particulars of— |
| (i) | the rights of which the claimant has allegedly been dispossessed; |
| (ii) | the circumstances surrounding the alleged dispossession; and |
| (iii) | the laws or practices under or for the purpose of furthering which the dispossession is alleged to have occurred; |
| (d) | comments on whether the loss of the right in land on which the claim is based— |
| (i) | constitutes a dispossession of rights in property; and |
| (ii) | occurred under or for the purpose of furthering past racially discriminatory laws or practices; |
| (e) | whether the claimant is the person who was dispossessed, and if not, whether and on what basis he or she is entitled to bring the claim; |
| (f) | particulars of the land to which the case relates, which must include— |
| (i) | a complete title description (including the title deed number) of the land concerned, where the land is held under separate title which is registered in any government registration office; or |
| (ii) | where the land concerned is not held under separate title, a title description (including the title deed number) of the property or properties of which the land concerned forms part together with a general description sufficient to identify the land; and |
| (iii) | the magisterial or administrative district where the land is situated; |
| (g) | a list containing the full names and addresses of every person whose rights may be affected or who may have an interest in the claim, together with information on what steps were taken to ensure that the list is complete; |
| (h) | all requisite agreements, certificates, reports, lists and recommendations required in terms of section 14 of the Restitution of Land Rights Act; |
| (i) | all relevant information as contemplated in rule 5 of the rules drawn up by the Chief Land Claims Commissioner under section 16(1) of the Restitution of Land Rights Act and published in Government Notice R703 dated 12 May 1995 (as amended from time to time); |
| (j) | any certificate of feasibility required in terms of section 15 of the Restitution of Land Rights Act; |
| (k) | if state—owned land is involved, the name of the government department which administers the land and the attitude of that department towards the claim; |
| (l) | information and comments on any factor which the Court has to consider under section 33 of the Restitution of Land Rights Act; |
| (m) | sufficient particulars to enable the Court to make an order under section 35 (1), (2), (3), (4) or (6) of the Restitution of Land Rights Act, if any such order is required or ought to be considered by the Court; |
| (n) | details of any compensation that was paid to the claimant upon the dispossession of his or her right in land; and |
| (o) | in the event that the persons concerned have reached agreement as to how the claim should be finalised, also— |
| (i) | the agreement concerned; |
| (ii) | a certificate under section 14(1) (c) of the Restitution of Land Rights Act that the regional land claims commissioner concerned is satisfied that the agreement is appropriate; |
| (iii) | a written request signed by the parties to the agreement that the agreement be made an order of the Court; |
| (iv) | an endorsement of the written request by the Chief Land Claims Commissioner under section 14(3) of the Restitution of Land Rights Act; and |
| (v) | where the agreement or the request that it be made an order of the Court was signed on any party's behalf, proof that the signatory was duly authorised. |
| (2) | Any interested person is, upon payment of the fee prescribed in Schedule 2, entitled to copies of all documents contained in the bundle. |