Question NW805 to the Minister of Agriculture, Land Reform and Rural Development
29 April 2024 - NW805
Mbabama, Ms TM to ask the Minister of Agriculture, Land Reform and Rural Development
Whether she has found that awarding beneficiaries of land claims financial compensation instead of land under the Restitution of Land Rights Amendment Act, Act 15 of 2014, has been a wise policy; if not, what is the position in this regard; if so, what is her rationale for saying so?
Reply:
Chapter 1 of the Restitution of Land Rights Act 22, Act 22 of 1994, as amended, under the definitions defines “equitable redress” as any equitable redress, other than the restoration of a right in land, arising from the dispossession of a right in land after 19 June 1913 as results f past racially discriminatory laws or practices including:
a) the granting of an appropriate right in alternative state-owned land.
b) the payment of financial compensation.
During optional workshop, as part of the activities towards the settlement of a land claim, claimants are presented with settlement options and advised/requested to choose their preferred option for the settlement of their claim from the below options:
- Restoration.
- Alternative land;
- Financial Compensation.
The above options are supported by policy provisions of the Commission and the Department in ensuring that equitable redress is implemented in line with enabling Legislation.
The financial compensation option allows the claimants urgency and a right to choose how justice is restored and meted out. Some of the claimants opt for financial compensation because they have land and are looking to develop or upgrade what they already have. They also want to honour their ancestors in the meaningful way through the compensation they receive. A recent evaluation conducted by UCT further confirms the positive benefits on the lives of the restitution beneficiaries.
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