Restitution of Land Rights Act, 1994 (Act No. 22 of 1994)Chapter II : Commission on Restitution of Land Rights12. Commission's power of investigation |
| (1) | The Commission may, through a member of the Commission or any person authorised thereto in writing, in order to carry out its functions— |
| (a) | conduct an investigation; |
| (b) | demand from any person including any government department such particulars, documents and information as may be necessary in connection with any investigation; |
| (c) | by notice in writing, addressed and delivered by a member of the staff of the Commission or a sheriff to any person, direct such person, in relation to an investigation, to appear before a member of the Commission at a time and place mentioned in such notice and to produce to such member all documents or objects in the possession or custody or under the control of such person and which are relevant to that investigation. |
| (2) | Any person directed to produce documents or objects in terms of subsection (1)(c) shall not be compelled to produce any document or object which could be used in evidence against him or her in a criminal trial. |
| (3) | If a claimant is not able to provide all the information necessary for the adequate submission or investigation of a claim, the regional land claims commissioner concerned shall direct an officer contemplated in section 8 to take all reasonable steps to have this information made available. |
| (4) | If at any stage during the course of an investigation by the Commission, the Chief Land Claims Commissioner is of the opinion that the resources of the Commission or the Court would be more effectively utilised if all claims for restitution in respect of the land, or area or township in question, were to be investigated at the same time, he or she shall cause to be published in the Gazette and in such other manner as he or she deems appropriate, a notice advising potential claimants of his or her decision and inviting them, subject to the provisions of section 2, to lodge claims within a period specified in such notice. |
[Section 12(4) substituted by section 8 of Act No. 63 of 1997]
| (5) | No claim in respect of a matter contemplated in subsection (4) shall be lodged after the expiry of the period specified in the said notice: Provided that the Commission may allow a claimant on good cause shown, to lodge a claim after the expiry of such period, but not later 30 June 2019. |
[Section 12(5) substituted by section 4 of Act No. 15 of 2014]