NATIONAL ASSEMBLY
WRITTEN REPLY
QUESTION 938
INTERNAL QUESTION PAPER [No 10-2014 FIFTH PARLIAMENT]
DATE OF PUBLICATION: 22 AUGUST 2014
938. Dr P J Groenewald (FF Plus) to ask the Minister of Rural Development and Land Affairs:
(1) Whether the Land Claims Commission follows a policy in support of the fact that all land claims are valid; if so, (a) what are the relevant details and (b) what measures have been implemented to test the validity of the land claims;
(2) whether any land claims have been rejected; if so, (a) how many, (b) for what reason(s) and (c) what measures have been implemented to ensure that the claims are not resubmitted in terms of the Restitution of Land Rights Amendment Act, Act 15 of 2014? NW1036E
THE MINISTER OF RURAL DEVELOPMENT AND LAND REFORM:
(1) Yes.
(a) Section 2 of the Restitution of Land Rights Act, 1994 (Act No 22 of 1994) outlines the basis for a land claim to qualify for restitution. Rules 3 and 5 of the Rules of the Commission on Restitution of Land Rights Act, 1996 outline the procedure to be followed, information and documents required during claim lodgement and for detailed claim investigation.
(b) The Rule 5 Report also known as the research report contains all the information and supporting (documentary) material that indicates whether, based on the strength of information supplied during lodgement and research, a land claim is valid or not. All research reports are approved by the Land Claims Commissioner as provided in section 11 of the Restitution of Land Rights Act, 1994.
(2) Yes.
(a) 3 207.
(b) The land claims do not comply with section 2 of the Restitution of Land Rights Act, 1994.
(c) The lodgement system checks for duplicate identity numbers of claimants who have already lodged their claims. Verification of a claim and supporting documentation are done in compliance with Rule 3 of the Commission. During this stage as well as during the Rule 5 research stage, duplicate and/or fraudulent claims are identified. The Act also makes provision for two new offences one of which is the lodgement of a claim with the intention of defrauding the state.
Issued by Parliament, September 8 2014
Click here to sign up to receive our free daily headline email newsletter
