Commission on Restitution of Land Rights

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Overview

View all the latest Commission on Restitution of Land Rights vacancies here. On this page you will find all the latest job openings for 2021. Interested candidates can find the latest jobs and apply online

About the Department

Welcome to the Commission on Restitution of Land Rights vacancies page. On this page you will find all the latest open job opportunities available at the Commission on Restitution of Land Rights.

Land restitution is one of the key issues since South Africa achieved democracy in 1994 and as such an overview of what has been achieved since the promulgation of the Restitution of Land Right Act 22 is significant.

The legal basis for land restitution is provided by the 1993 Interim Constitution, section 25(7) of the 1996 Constitution and the Restitution of Land Rights Act. The South African Constitution of 1993/1996 gave people and communities who had been dispossessed of land after 19 June 1913 as a result of racially discriminatory laws or practices the right to restitution of that property or to fair compensation. The Restitution of Land Rights Act 22 was promulgated in 1994 in terms of the Interim Constitution of the Republic of South Africa Act 200 of 1993 for that purpose. The Act also established a Commission on Restitution of Land Rights in 1995 under a Chief Land Claims Commissioner and seven Regional Land Claims Commissioners representing the nine provinces with the mandate to assist claimants in submitting their land claim, receive and acknowledge all claims lodged and advise claimants on the progress of their land claim.

Owing to the slow process of handling claims the Restitution Act was amended in 1997 to bring it in line with the 1996 Constitution shifting the approach from a judicial one to an administrative one in 1999. Rather than having to go through the Commission on Restitution of Land Rights claimants were allowed direct access to the Land Claims Court and the Minister of Land Affairs was given greater powers to settle claims through negotiation. The table below shows that the processing and finalisation of claimants improved by the end of year 2000.

The Land Claims Commission and the Land Claims Court were established in 1995 under the provision of Section 4 of the Restitution Act and Section 123 of the Interim Constitution. While the objective of the Land Claim Commission is aimed at dealing with the administration of land claims and compensation of the present owners and restitution to the claimants, the Land Claims Court specialises in dealing with disputes that are not solved by the land claims commission and arise out of laws that underpin South Africa’s land reform initiative. Thus, the Land Claim Commission screens all land claims, identifies those that qualify in terms of the Constitution and the Restitution Act, and attempts to solve these claims by administrative or mediation procedures

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