The Portfolio Committee on Justice invites you to comment on the Land Court Bill.
- Provide for the establishment of a Land Court and a Land Court of Appeal;
- make provision for the administration and judicial functions of the Land Court and Land Court of Appeal;
- make provision for budgetary matters;
- provide for the exclusive jurisdiction of the Land Court and Land Court of Appeal for certain matters;
- provide for mediation and arbitration procedures;
- amend certain laws relating to the adjudication of land matters by other courts
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The department said the Land Court Bill provided for the abolition of the Land Claims Court and for the establishment of a new new court to oversee land claims.
The Land Court would be led by a judge president and a deputy judge president and will operate in a similar way as the High Court and would be a permanent court.
When the Land Claims Court was established many years ago, it was not intended to be a permanent court, but the aim was to deal with land claims speedily. But that has not happened.
“The Land Court is going to be administered by the Department of Justice. The provisions that deal with the Land Claims Court in the Restitution Act are going to be repealed through this Land Court Bill, so that everything that deals with the court will be dealt with in the Land Court,” said Mokelebete.
“All the matters that are dealt with in the Land Claims Commission are going to be transferred to and dealt with in the Land Court. There are other provisions that are dealing with instances where the matters are dealt with elsewhere. We are making a provision for that,”