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Introduction of Private Member's Bill and Invitation for Public Comment on Draft Restitution of Land Right Rights Amendment Bill

24 April 2017

In accordance with section 73(2) of the Constitution of the Republic of South Africa, ANC MP Hon P.J Mnguni intends to introduce the Restitution of Land Rights Amendment Bill 2017 as a private member's bill when Parliament reconvenes in May for its second quarter for 2017.

The introduction of the Restitution of Land Rights Amendment Bill 2017 is sequel to the Constitutional Court ruling (Land Access Movement of South Africa & Others v Chairperson of the National Council of Provinces and Others [2016] ZACC22) which found that the parliamentary public participation process in the 2014 Amendment Act was inadequate and thus nullified.

The Restitution of Land Rights Amendment Act (Act No 22 of 1994) was passed in 2014 and among other things had sought to reopen the lodgement of land claims for the period of 5 years ending 30 June 2019.

The objects of this draft bill (Restitution of Land Rights Amendment Bill, 2017) are to extend the date for lodging a claim for restitution to 30 June 2021; to criminalise the lodgement of a fraudulent claim; to further regulate the appointment, tenure of office, remuneration and the terms and conditions of service of judges of the Land Claims Court; and to further amend certain provisions which are aimed at promoting the effective implementation of the Act.

The introduction of this draft bill is a crucial step in the work of the ANC in Parliament in ensuring that land is lawfully returned to those who have been historically dispossessed. We therefore invite interested parties and institutions to submit written representations on the draft bill to the Speaker of the National Assembly by 19 May 2017. Representations can be delivered to the Speaker, New Assembly Building, Parliament Street, Cape Town or mailed to the Speaker, P O Box 15, Cape Town 8000 or e-mailed to bmbete@parliament.gov.za and copied to pjmnguni@parliament.gov.za.

The draft bill is available on the website of the African National Congress Parliamentary Caucus http://caucus.anc.org.za/docs/webcont/2017/RestitutionABill13April2017q.pdf.


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Nonceba Mhlauli
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Cell: 0726233462
Email: nmhlauli@parliament.gov.za

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