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.