Issued by: South African Communications Services MEDIA STATEMENT BY THE CHIEF LAND CLAIMS COMMISSIONER ON OFFICIAL NOTICES OF LAND CLAIMS BEING INVESTIGATED
The Chief Land Claims Commissioner, Mr W J (Joe) Seremane, says it is to be regretted that official notices published in the Government Gazette that certain claims for the restitution of land are being investigated by the Commission, have, despite information to the contrary, been termed expropriation notices.
Misleading reports that appeared in the media over the weekend, took no cognisance of information given by, among others, the Deputy Minister of Land Affairs, Mr Tobie Meyer, and unfortunately these reports and statements could have the effect of bedeviling the process of restitution.
Mr Seremane said that the Restitution of Land Rights Act, 1994 stipulates that a Regional Land Claims Commissioner must, as soon as possible after receipt of a claim, determine whether it falls within the ambit of the Act and is not of a vexatious or frivolous nature. If the Commissioner is satisfied that the claim is in accord with the Act, an official notice that the claim is being investigated must be published in the Government Gazette.
The notice gives a period within which other interested parties can provide information or make any comments on the claim. That does not mean that after that date not further representations can be made in respect of the claim.
On the contrary. The Act stipulates quite clearly that extensive and full research into the history and use of the land in question should be done, and that all parties involved, which include private landowners if the land in question is not state-owned land, should through a process of negotiation and mediation under the guidance of the Commission attempt to come to a settlement concerning the claim.
If such a settlement is reacht is submitted by the Commis- sion to the Land Claims Court to bee an order of that Court. If no mutually agreed settlement can be reached, the matter is laid before the Land Claims Court for judgement at which time parties would be able to make further submissions. Even then any party would have the right of appeal to the Appeal Court or the Constitutional Court.
It is therefore obvious that to term these official notices expropriation notices is factually incorrect and underhanded and creates a wrong and misleading conception of the process. In the coming months and even year or more, many such notices will be published and the public, but in particular the media, are requested to take note of the purpose thereof and not publish reports or make statements that could bedevil the restitution process.
Referring to statements by some landowners that they only read in local newspapers about the notices and were not informed of the claims, Mr Seremane said that those reports were based on media statements sent by the Commission to local media in an attempt to inform a wider public that as a rule do not read the Government Gazette of the claims received and the investigations due to be launched. To describe the notices as "backhanded" as has been done by some commentators, is therefore simply not correct.
"It is not possible for a claim to be resolved without the full participation in the whole process of the present property owner in cases where the land is not state-owned. The restitution process is transparent and open and we intend keeping it that way.
"I sincerely request all concerned in the restitution process to refrain from making incorrect statements or using inflammatory language. In the case of the media, my office is available at all times for correct information on procedures and on particular claims to be disseminated.
"I have also said repeatedly that I am willing to meet with all parties to explain the restitution process. Such meetings have already taken place with prospective claimants, communities and some land owners, and I am still willing to interact with all parties concerned.
"The Chief Land Claims Commissioner has no axe to grind with politicians or with people with party political interests. Our duty is to implement the Act and not to be wrangling about the merits or demerits of restitution. It is a debate that belongs elsewhere," Mr Seremane said.
Contact person: Thys Human Tel : (012) 341-7900 9 October 1995