Page 25 - 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 69 The The The Investigation Phase: The The The Commission Commission must must investigate the land claims 36 The The The Commission Commission must must advise the the the the owner of of the the the the land land in in question of of the the the the claim lodged against the the the the land land and and and that it may not dispose develop exchange donate lease subdivide or rezone the the land without notifying the the Commission 70 The The Referral or or or Settlement Phase: The The Commission settles or or or refers the land claim to Court (section 14 or or or 42D) In this phase the the the Commission refers the the the matter to the the the LCC in terms of section 14 The referral takes place when when it is is is not possible to settle the the claim by mediation or or negotiation or or when when the the Commission is is is of the the the opinion that the the the claim is ready for hearing by the the the LCC 71 As an alternative to to to to the the the the referral to to to to the the the the LCC the the the the Restitution Act permits the the the the Commission to to to to recommend to to to to the the the Minister Minister how a a a a a a claim claim should be be settled Upon the the the Minister Minister being satisfied that the the the claimant is is is is entitled to restitution
of of of a a right in in in in land in in in in terms terms section section 2 2 of of of the the Restitution Act the the Minister in in in in terms terms of of of section section 42D enters into an agreement with the the interested parties providing for settlement of the the claim 72 The Litigation Phase: Once the the the the the claim has has been referred to the the the the the Court Court the the the the the Court Court may then adjudicate the the the the the claim claim and and decide: (a) whether the the the the claimants are are entitled to to restitution
and and (b) if they are are the the the the relief to to which the the the the claimants are entitled (section 35) Once the the the the matter is referred to the the the the LCC the the the the rules for actions or or applications as set out above apply SETTLEMENT
Commission recommends to Minister how a a claim should be settled where the interested parties are amenable to settlement (s 42D) LITIGATION Once a a a a a a a a claim claim has been referred to LCC LCC the the the LCC LCC may then adjudicate the the the the the claim claim claim and decide: (a) whether the the the the the the claimants are are entitled to to restitution
and (b) if they they are are are the the the the the relief to to which they they are are entitled (s 35) ADVANCE OR A A A SUBSIDY
The Minister may grant advance of subsidies for facilitation development management settlement of of persons on
on
on
land that is subject of the LCC order
(s 42C)
36 Restitution Act ss 11(6) 11(7) 11(8) 11A 12 and 13 PAGE PAGE 25