Restitution of Land Rights Act, 1994 (Act No. 22 of 1994)

Chapter III : The Land Claims Court

33. Factors to be taken into account by Court

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In considering its decision in any particular the Court shall have regard to the following factors:

(a)The desirability of providing for restitution of rights in land to any person or community dispossessed as a result of past racially discriminatory laws or practices;
(b)the desirability of remedying past violations of human rights;
(c)the requirements of equity and justice;
(cA)if restoration of a right in land is claimed, the feasibility of such restoration;
(d)the desirability of avoiding major social disruption;
(e)any provision which already exists, in respect of the land in question in any matter, for that land to be dealt with in a manner which is designed to protect and advance persons, or categories of persons, disadvantaged by unfair discrimination in order to promote the achievement of equality and redress the results of past racial discrimination;
(eA)the amount of compensation or any other consideration received in respect of the dispossession, and the circumstances prevailing at the time of the dispossession;
(eB)the history of the dispossession, the hardship caused, the current use of the land and the history of the acquisition and use of the land;
(eC)in the case of an order for equitable redress in the form of financial compensation, changes over time in the value of money;
(f)any other factor which the Court may consider relevant and consistent with the spirit and objects of the Constitution and in particular the provisions of section 9 of the Constitution.

 

[Section 33 substituted by section 23 of Act No. 63 of 1997]