Page 24 - Litigating in the Land Claims Court: Training Manual

LITIGATION IN IN IN THE LAND CLAIMS COURT TRAINING MANUAL LITIGATION IN IN IN THE LAND CLAIMS COURT TRAINING MANUAL Phases of a a a claim for restitution
66 As emphasised above the the Commission is is is primarily responsible for processing claims under the the Restitution Act There are five phases in a a a a a a a a a a claim for restitution
Generally it it is only at at at the end of that that process that that a a a a a a a a a a party will approach the LCC However it is is is possible for for a a a a a a a a a a a dispute to to arise at any stage and for for a a a a a a a a a a a claimant to to need to approach the LCC for relief 67 The Lodgement Phase: In terms of section section 2 read with section section 10 any person who or the representative of of any community which is entitled to claim claim restitution
of of a a a a a a a right in land may lodge such a a a a a a a claim claim The Commission at this stage of of the process is is is required to receive and acknowledge receipt of of all claims lodged with or transferred to to it it it in terms of the Restitution Act It must take reasonable steps to to ensure that claimants are assisted in in the the preparation and submission of claims Note what is is is set out out above about the the windows for lodging claims 68 The The Publication Phase: The The second phase commences after lodgement and ends with the the publication in the the Government Gazette The Commission upon accepting the land claim in in terms of section 11(1) publishes the the the land claim in the the the Government Gazette The publication only takes place once the the the Commission is is is satisfied that (a) the the the claim claim has been lodged in the the the prescribed manner (b) the the the claimants have reasonable grounds for arguing that the the the the claim meets the the the the qualifying requirements of of section 2 of of the the the the Restitution Act and (c) the the the the claim is not frivolous and vexatious PUBLICATION
Commission checks whether the the the claim was lodged in the the the prescribed manner compliance with s2 and whether the the the claim is is not frivolous then publishes it in the the GG (s 11 (1))
INVESTIGATION AND ADVISING
THE OWNER
Commission investigate and and and advises the the the the owner of of the the the the the land about the the the the the claim claim and and and the the the the the consequences of of of publishing the the the the the the claim claim in in in GGsinh and and the the the the consequeser of of the the the the land about the the claim LODGEMENT
Claim is is submitted to the Commission (s 2 & 10)
REFERRAL
Commission refers the the claim claim to to LCC where it is is impossible to to settle the the the claim claim by mediation or or negotiation or or when the the the Commission feels that the the claim is is ripe for hearing (s 14)
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