In terms of s 103 of the Constitution, the territory of the Republic of South Africa includes the nine provinces which existed when the Constitution took effect. Furthermore, this provision indicates that the boundaries of the nine provinces are those that existed on 4 February 1997. This means that, in order to define the territory of South Africa in terms of the Constitution, it is necessary to refer to the predecessor of the Constitution: the interim Constitution.
The Restitution of Land Rights Act 22 of 1994 (the Act) created the Land Claims Court (LCC). In this article I endeavour to point only to the salient features pertaining to the LCC. Although in terms of s 2 of the Act all claims for restitution of a right in land had to be lodged by no later than 31 December 1998, it does not for one moment mean the end of the LCC. Some 54 000 claims have been lodged not only in terms of the Act, but also in terms of other statutes, such as the Land Reform (Labour Tenants) Act 3 of 1996.* Legal practitioners can rest assured that the LCC is here to stay for a long time.
On 27 November 1998 the new Alienation of Land Amendment Act 103 of 1998 was promulgated.* It introduced the new s 29A - the 'cooling- off period'. Most importantly, the Act will be applicable only to transactions up to R250 000 and will thus have a limited operation. Here are some comments: ï¿½ An appropriate clause will need to be added to all deeds of sale, which could then be deleted if the purchase price exceeded R250 000. The inclusion of the clause is a formality in respect of the deed of alienation and no penalty is provided for should it be left out.