04 Dec 2013

Minister of Lands and Housing, Mr Lebonaamang Mokalake has presented the Land Tribunal Bill, 2013 (Bill No. 14 of 2013) before Parliament for a second reading.

The bill was referred by Parliament to Ntlo ya Dikgosi, during its third meeting of the fourth Session of the 10th Parliament, in accordance with Section 88 (2) of the Constitution in August 2013. 


The objective of the bill, Mr Mokalake said, was to re-establish land tribunals through an act of Parliament.  The key areas under the bill, he said included: Part I which dealt with the interpretation of terms contained in the bill.

Part II of the bill, he said, established the Land Tribunal and provided for its composition and jurisdiction, whilst Part III dealt with the proceedings of a Land Tribunal, and among other things, matters of power to hear evidence, applications to a Land Tribunal and proceedings that should be open to the public.

Furthermore, Mr Mokalake said Part IV of the Bill deals with the appointment of the Registrar of a Land Tribunal and other officers of the Tribunal.

This, he said would capacitate the Land Tribunal and allow for the Chief Land Tribunal President and Presidents of Land Tribunal to primarily focus on judicial matters. He also added that, Part V contains general provisions, including limitation of liability, savings and transitional provisions.

This part, he said provided a safeguard to matters that had already passed or were being adjudicated over by the current Land Tribunals and also projected the people employed by the current Land Tribunals. Currently, Lands and Housing minister said there were two Land Tribunals that were independently established.
 

Therefore, he said the Bill proposed establishment of one Land Tribunal headed by Chief Land Tribunal President.“This shall however have divisions that may be set up around the country as the government may deem appropriate; and these divisions shall be headed at President level,” he added.


In April 2013, parliament passed the Town and Country Planning Act, which transferred consideration of planning appeals from the minister to the Land Tribunals.Since the existing Land Tribunals were established by an Order made by the minister under the Tribal Land Act and they could only hear appeals from the Land Boards.

Mr Mokalake said there was need “to streamline the legislative arrangement on the operations of the Land Tribunals with a view to empower them to hear planning appeals.”

In addition, considering that the current Land Tribunals were established under the Tribal Land Act, Mr Mokalake said it was also imperative to enact a stand-alone law that would consider appeals in accordance with the provisions of both the Tribal Land Act and the Town and Country Planning Act. Ends