Issued by: The Chief Land Claims Commissioner
MEDIA STATEMENT ON A REQUEST TO ALL GOVERNMENT INSTITUTIONS AND PRIVATE DEVELOPERS TO CONSIDER THE RESTITUTION PROCESS IN THEIR ACTIONS.
The Commission on Restitution of Land Rights has expressed its concern with the apparent disregard of the restitution process shown by some local authorities, parastatal organisations, developers and even some departments of provincial governments. At a meeting of the Commission held in Pretoria last week, a number of instances were noted where provisions of the Restitution of Land Rights Act, 1994 were not adhered to by these institutions.
Chief Land Claims Commissioner Joe Seremane said today that while a lack of knowledge of the provisions of the Act seems to be the main reason for these transgressions, there are also indications that some of the actions taken could have been deliberate. In certain cases the Commission may even be forced to resort to interdict proceedings to curb this conduct. It is the opinion of the Commission that these actions are not supportive of the restitution process.
"The Commission does not see the need for naming transgressors at this stage and prefers to call upon all governmental institutions, including local authorities, provincial governments and parastatals, as well as private developers, to take note of the provisions of the Restitution Act and of the present and new Constitution on the restitution of land rights taken away from people underof the past.
Restitution is a high priority for the Government and is seen as an important component of the process of reconciliation and healing of the nation. e Restitution Act passed in 1994 to give practical effect to the Government's policy, stipulates explicitly that land on which an accepted restitution claim has been lodged may not be alienated or the improvements thereon be impaired without the knowledge and approval of the Regional Land Claims Commissioner concerned," Mr Seremane said.
He pointed out that once a claim has been accepted by a Regional Commissioner he/she wi such a claim that the claim is being investigated, and draw their attention to the provisions of the Act regarding actions with or on such land.
"The request of the Commission is that all the institutions referred to respect the spirit of the Act and do not undertake any actions which could prejudice a land claim. We would even go so far as to ask them to make an official enquiry with the relevant Regional Land Claims Commissioner whether any claim has been received on land they are contemplating developing before planning for such development gets under way," Mr Seremane said.
According to the Commission this approach should also apply to land which is not the subject rmarked as alternative land to be given to claimants if, for instance, their original land is unavevelopment that has already taken place.
A few cases have come to the attention of the Commission where local authorities were informed that land under their jurisdiction could well be earmarked as alternative land for restitution but the authorities simply went along with development plans as if there was no such thing as restitution.
Every citizen has rights that need to be protected, and that includes previously disadvantaged and disempowered citizens. Claimants rights to restitution should not be sacrificed on the altar of ambitious plans that disregard the needs and rights of dispossessed citizens. All institutions herein referred to have the duty of giving restitution a chance to take place and also honour the Restitution Act culminating from the country's Constitution.
Institutions are welcome to make enquiries about the Ac the following offices:
Head Office: Tel: 012 341-7900 Fax: 341-4188 Western and Northern Cape: Tel: 021 262930 Fax: 021 245146 Eastern Cape and Free State: Tel: 0431 433824 Fax: 0431 433687 KwaZulu-Natal: Tel: 0331 426955 Fax: 0331 423409 Gauten, Nortrovince: Tel: 0825598596 Fax: 341-4188
ISSUED ON BEHALF OF THE CHIEF LAND CLAIMS COMMISSIONER February 1997 Media enquiries: Thys Human 012 341-7900 Cell: 0825598597