How To Claim

The land claims process allows people who were forcibly removed from their land under apartheid, to lodge land claims in the next five years. The re-opening of claims (which is expected to happen during 2018) targets people who missed the 1998 deadline

What is a Land Claim

A land claim is a written request made by a person, a direct descendant of a person, an estate or a community for the return of land.

What is a land right

A land right is a registered or unregistered right in land, the interests of labour tenants and sharecroppers, customary law interests or beneficial occupation for a period of more than 10 years.

People must have occupied land or must have proof in the form of a document, e.g. a title deed, permission to occupy, etc, for them to have a right in land.

Who Can Lodge a Land Claim

A person or a community who was dispossessed of land after 19 June 1913 as result of past racially biased laws and who did not receive fair compensation at the time of dispossession.

Who May NOT Lodge a Land Claim

Those who have claimed before and received land or financial compensation may not claim again for the same right lost.

If you have lodged a claim before but have not yet been compensated, verify that the provincial office has your original claim before you resubmit a claim.

Do not lodge a new claim if your claim is still being processed. It is illegal to submit a fraudulent claim by not disclosing other potential interested parties.

Documents Needed

* A certified copy of your South African green bar-coded identity document or Smart ID card.
* A signed letter authorising you to act on behalf of your family or community, signed by two witnesses (power of attorney), if you are acting on behalf of your family or community.
* A list of the people you represent.
* A letter from the Master of the High Court if you are the executor of an estate.
* A written decision from a community meeting, signed by the person who facilitated the meeting, if lodging on behalf of a community (community resolution).

Information Needed

* The description of the property, e.g. farm name, ERF or stand number if it’s in an urban area.
* The year of dispossession.
* Compensation that was paid at the time.
* Details of the person who lost the right.
* Details of the claimant and the capacity in which you are acting, e.g. community representative, son, executor of an estate, etc.
* History of the land dispossession.

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