It is possible to apply to the tribunal if the case is about :
• Compensation for the compulsory purchase of land
• Discharge or modification of land affected by a restrictive covenant
• Compensation for land affected by public works
• A tree preservation order
• Compensation for damage to land caused by subsidence from mining
• Valuation of land or buildings for capital gains tax or inheritance tax purposes
• Rights to light disputes
• Compensation for property blight
Our Concerns About the South African Land Court Corruption Watch ( a chapter of the global coalition against corruption , Transparency International , which is working to fight corruption in South Africa ) has raised the following concerns :
• The Land Court Bill does not contain adequate mechanisms to reduce the scope for corruption . This could significantly impact effective determination of disputes regarding land in our country .
• The Bill fails to illustrate clearly the manner in which the existing systemic hurdles that make it difficult for land claimants to obtain land restitution will be dealt with in adjudication processes and in the implementation of the Bill .
• Introduction of an adjudication body must take into consideration the lived realities of the people it seeks to assist , as access to public resources is usually implicated in various social divisions , which include wealth and economic status , gender , generation and political affiliation .
• The situation is complicated by largescale corruption in administrative institutions tasked with facilitating land reform policies , while the legislative backdrop is increasingly targeted towards limiting the procedural and substantive rights of communities under traditional authorities .
Conclusion While we applaud the intentions behind the LCB , SD Law has some reservations about its implementation . We are concerned that it lacks sufficient provisions to ensure key parts of its objectives are achieved . We are not confident that the noble aims of the Bill will not be derailed by the inherent corruption and misconduct so often demonstrated by our government officials .
SA Real Estate Investor Magazine MARCH 2022 65