Johannesburg - The land claims process which closed 14 years ago is being reopened, with a new deadline for claims of 2018.
If the new law is passed, it would allow those who missed the first deadline to claim, and open the door to new claims from those dispossessed by “homeland” betterment schemes – including white people – to put in claims that were previously refused.
The draft Restitution of Land Rights Amendment Bill published for public comment last week sets the land claims deadline as December 31, 2018.
The previous cut-off date was December 31, 1998.
The land claims process was for those who were dispossessed of a land right after June 13, 1913 as a result of past racially discriminatory laws or practices, who were not paid just or equitable compensation. Restitution took the form of land, compensation or other assistance with access to resources.
An explanatory memo attached to the draft bill says the previous restitution programme had “a number of problems”, and certain categories of people, who lost their rights due to colonial and apartheid laws, had been excluded from the restitution process.
Three categories of exclusions were identified: those who could not lodge claims before the December 1998 cut-off date; those dispossessed before 1913; and those who were dispossessed through betterment planning schemes but were not allowed to lodge claims by the Commission on Restitution of Land Rights.
This week, the Department of Rural Development and Land Reform said the new process would also allow claims for dispossessions from before 1913.
Pre-1913 claims are expected to be mainly from Khoi and San people, said department spokesman Mtobeli Mxotwa.
The draft law does not contain the extension to pre-1913, but the explanatory memo notes that this date is set in the constitution.
This means such an extension will require a constitutional amendment.
“Research is being done to determine the exact scope and quantity of such excluded persons dispossessed before 1913.
“The dispossessions of land before June 19, 1913 as a result of state action will be dealt with separately,” said the memo.
The big category of potential claims is those affected by the homeland betterment schemes, which involved the internal removal of people to consolidate communities or homeland borders or regulate land use.
“It is estimated that at least 3.5 million people were forcibly removed from their land as a result of colonisation and apartheid laws implemented after June 19, 1913 in the post-Second World War period.
It has been argued that this figure excludes dispossessions that were caused by betterment planning,” said the memo.
Previously such claims were not processed, as it was assumed that they would be dealt with in another process.
“When dispossessions that took place as a result of betterment planning and homeland consolidations (which have resulted in claims by whites) are taken into account, the figure could be closer to 7.5 million, while less than 80 000 claims for restitution were lodged before the cut-off date of December 31, 1998,” said the memo.
The department says it is expecting “an avalanche” of new claims.
The draft bill also intends to amend sections of law around the appointment, tenure, remuneration and terms of service of the judges of the Land Claims Court.