On the 10th of December 2018 a delegation from ReThRo Resident’s Association attended a meeting of the Commission of Restitution of Land Rights. It was a stakeholder meeting about a land claim on some properties in Centurion.
The land claims currently in process were submitted to the Commission before 31 December 1998, according to provisions in the South African Constitution. These are not new claims, but there were problems with the format and process and for these reasons the claims are only now being addressed. The current land appropriation discussions in Parliament have no bearing on these claims.
For these claims, as set out in the Constitution, there is a seven step process that must be followed.
First – it was established that the claims were correctly lodged.
Second – a preliminary investigation confirmed the validity or compliance of the claims, examining the history of the area, including maps and other documentation. This process has taken place from 1998 to now.
Third – the claims were reported in the Government Gazette in June 2018. From the date of publication in the Gazette, a ninety-day period is allowed for feedback and objections. It was recognised that too few people were aware of the claim being gazetted, and for this reason it was decided that the ninety-day period would begin on the day of the public meeting, which is the 10th of December 2018.
Fourth – This is the part of the process where we are now. Further research is now being done into current use of the land, looking at established development as well as affected parties’ objections and counter arguments to the claims.
Fifth – when the investigation is completed the claims will be verified. It will be indicated clearly which properties are affected and which are not. Not all properties claimed for may be granted.
Sixth – the claims will then go into the negotiation process which will include all current property owners, claimants, other stakeholders and designated officials.
Seventh – this last step consists of settlement and finalisation.
It must be noted that during the whole process residents may continue to develop properties, and/or buy and sell properties. If a property is sold it must be declared that a land claim is registered against the property and a letter can be obtained, within 30 days, from the Office of the Commission of Restitution of Land Rights to stipulate that the sale or development can proceed.
Written by Gina Britz.
Maps of the areas claimed and a PowerPoint presentation as well as the other documents circulated at the meeting were placed on Google drive by cllr Kingsley Wakelin. Please watch the PowerPoint slides to understand the process. The relevant documents can be viewed here.
The Commission on the Restitution of Land Rights also answers some questions on their website here.
The person who can be contacted for more information is the research officer at the Office of the Regional Land Claims Commissioner: Gauteng: Amos (Ramere) Serumula. His email address is firstname.lastname@example.org, his phone no’s 012 318 6552 or 0825775696.
- The information provided in this article is based on the information available to us at the time of posting and is intended to provide helpful information on the subject discussed.
- Always fact check the information provided before undertaking any action.
- The Association and the author are not responsible for any loss, damage or any legal action taken against the resident as a result of the misinterpretation of the facts provided by either the author or the resident.
- References are provided for information purposes only.