Government re-opens land claims door

Tuesday, July 1, 2014

Pretoria - Victims of land repossession, who missed the original land claim deadline, have been granted an opportunity to lodge their claims, until 2019.

This comes after President Jacob Zuma signed the Restitution of Land Rights Amendment Act, which reopens the restitution claims process that closed at the end of 1998 and gives claimants five years - to 30 June 2019 - to lodge land claims.

Briefing reporters in Cape Town, on Tuesday, Rural Development and Land Reform Minister Gugile Nkwinti said his department undertook a lengthy consultative process to seek the re-opening of the land claims initiative.

He said communities and individuals may now claim back land from which they were forcibly removed due to the 1913 Natives land Act and other racially biased laws.

“… The first period for lodgement was opened between 1994 and 1998. Although land claims were made and settled, a great number of people complained that they had not been aware of the process at the time and as such they had missed the initial lodgement window,” he said.

Given the country’s sad history of land dispossession, Minister Nkwinti said the Restitution of Land Rights programme is a necessary intervention for redress, reconciliation and nation building; which is in line with the National Development Plan (NDP)’s goal towards the elimination of poverty and reduction of inequality by 2030. 

“It is my conviction that the issue of access to land is one of the fundamental elements to the transformation of the rural economy of our country, where the burden of land dispossession was mostly felt.

“As we re-open the lodgement period, we are mindful that there are parts of our community that remain excluded by this process.

“I refer to the Khoi and the San communities who are not accommodated by this Restitution of Land Rights Amendment Act of 2014. Their plight is not forgotten. I want to assure them that a policy on the exceptions to the 1913 Natives Land Act cut-off date is being developed that seeks to address their concerns,” he said.

Outstanding claims

According to the Minister, currently there are about 8 471 claims lodged before the 1998 cut off period that have not yet been settled or resolved.

“These have been prioritised for settlement. I am appealing to those individuals and communities affected to continue to exercise patience while we are resolving their claims and not to lodge their claims again. The outstanding claims will be processed simultaneously with the new ones,” he said.

Criminals warned against lodging claims

However, Minister Nkwinti issued a stern warning to those who seek to rob people of their hard earned money, purporting to assist claimants to lodge while charging a fee.

“These individuals are criminals. Lodging a claim is a free government service and anyone who is charging money is doing so illegally.

“It is also illegal to submit a fraudulent claim, including not disclosing other potential interested parties. 

“It is also unlawful for a person to obstruct another from lodging a claim. I am calling on members of society to report their suspicions about any illegal activity in this regard by calling the government anti-fraud hotline number 0800 701 701,” he said.

Minister Nkwinti said they will register the land claims electronically in order to fast track the land claim process.

Lodgement offices, sites

Chief Land Claims Commissioner, Nomfundo Gobodo, said they have opened 14 lodgement offices and sites in all nine provinces. 

However, she said there would be mobile units to reach out to land claimants in the deep rural areas who might experience challenges to access the sites in their respective cities.

“These sites are equipped with advanced technology to ensure speedy and accurate capture of relevant information. Our people will be assisted by trained staff and every effort will be made to ensure the process from the submission of a claim to the time it is settled is a smooth one,” she said.

It is estimated that at least 3.5 million people were forcibly removed from their land as a result of colonialisation and apartheid laws implemented after 19 June 1913. - SAnews.gov.za