The Committee continued with the deliberation on the official list of proposed amendments to the Bill (A-list) accompanied by the B version of the Bill incorporating all the proposed amendments into the Bill. A UDM MP wanted to know how it was possible to make reference to sections 12 and 13 of the Expropriation Act of 1975 in clause 29(1)(b) while this law had been repealed in clause 31. It seemed superfluous to make reference to an Act that had been repealed.

The Bill incorporating the proposed amendments was not yet ready so the Deputy Minister discussed with the Committee some of the proposed changes to the Bill that had been agreed upon so far.

Members raised concerns about the variation in judgements in Magistrates Courts; the potential definition of expropriation; definition of property being not limited to land. Some MPs wanted to “subject to the payment of just and equitable compensation” and just add “according to the Constitution and the Act”.

The Deputy Minister of the Department of Rural Development and Land Reform (DRDLR), addressed the Committee on the motivation for the amendments to the Extension of security of tenure (land) Amendment Bill, saying the fundamental resolve was to overcome decades of hardship in South Africa. Its redress was not about obsolete political stories, but about the creation of just opportunities.

The Department produced a Working Draft of the Bill that incorporated all the proposed amendments previously made by the Committee. The Deputy Minister indicated that the Department had introduced the definition of “disputing party” in clause 1, which indicated that the “ disputing party includes an owner, holder of an unregistered right, expropriated owner or expropriated holder that does not accept the amount of compensation offered in terms of clause 14(1)”.

The Committee considered the official list of proposed amendments to the Bill (the A-list) accompanied by the B version of the Bill incorporating all the proposed amendments into the Bill.

Policy Statemen the amount f compensation to be paid to a Claimant (that has opted for restitution in the form of financial compensation) that is entitled to restitution shall be determined in accordance with this policy, read the Restitution Act. This policy replaces prior policies on the determination of financial compensation.

To provide for the restitution of rights in land to persons or communities dispossessed of such rights after 19 June 1913 as a result of past racially discriminatory laws or practices; to establish a Commission on Restitution of Land
Rights and a Land Claims Court; and to provide for matters connected therewith.
[Long title substituted by s. 31 of Act 63/97]

To provide for the upgrading and conversion into ownership of certain rights granted in respect land; for the transfer of tribal land in full ownership to tribes; and for matters connected therewith.
(Afrikaans text signed by the State President.)
(Assented to 27 June 1991.)
BE IT ENACTED by the State President and the Parliament of the Republic of South Africa, as follows:

To amend various laws under the administration of the Minister of Rural Development and Land Reform, so as to substitute certain obsolete definitions to ensure legal certainty; to effect certain consequential amendments in this regard; and to provide for matters connected therewith. BE IT ENACTED by the Parliament of the Republic of South Africa

The Committee met to deal with the two proposed amendments that had been made by the National Council of Provinces (NCOP) on the Expropriation Bill [B4B-2015]. The first amendment aimed to increase the number of days in which the municipal manager must inform the expropriating authority, in writing, of charges from 20 days to 30 days, if land which had been expropriated is subject to municipal rates.

Date: 2015

Source: Foncier & Développement 

Par: Cécile Travési, Maïa Ponsonnet 

La question des revendications foncières autochtones représente une problématique majeure de la recherche en anthropologie. Comment les systèmes fonciers autochtones sont-ils compris, et éventuellement traduits dans les termes des états dominants ? Comment ces traductions sont-elles concrètement prises en charge – au niveau légal et symbolique ?

Goal 5 of the Sustainable Development Goals (SDGs) "Achieve gender equality and empoer all women and girls" regonizes the fundamental role of women in achieving poverty reduction, food security and nutrition. Target 5.a aims to "undertake reforms to give women equal rights to economic resources, as well as access to ownership and control over land and other forms of property, financial services, inheritance and natural resources, in accordance with national laws".