'Whites can claim land loss'
2004-10-12 08:11
Johannesburg - The wrong perception that claims of white farmers, whose land was expropriated for the former homelands, do not comply with the Land Restitution Act, was cleared up on Monday.
The land claims court in Randburg ordered that Christina Beyers-Opperman and her family could file a claim for their land in Limpopo.
The Oppermans initiated a court case earlier this year because their land in Limpopo was expropriated during the apartheid years.
The farm was assimilated into the former Lebowa.
The Oppermans claimed they were not properly compensated for the land.
They received approximately R144 000 for about 2 000ha of farmland. The family claimed R1.7m in damages.
Verdict has 'opened doors'
Chief land claims commissioner Tozi Gwanya said earlier that the Oppermans were properly compensated and the Land Claims Commission rejected their claim.
Peet Grobbelaar, a property lawyer in Pretoria who acted on behalf of the Oppermans, said Monday's verdict opened doors.
"It proves that white farmers whose land was expropriated for the former homelands and who feel they were not properly compensated can institute restitution claims."
According to the Restitution Act, claims may be instituted when people's land was expropriated due to apartheid legislation after 1913.
The cut-off date for claims was December 1998.
Grobbelaar said a valuation process now would be started to determine the value of the Oppermans' land at the time they lost it.
Gwanya said on Monday that if the court found the Oppermans had valid claim, there was "no problem".
"We'll reopen the claim," he said.
Gwanya said earlier that white farmers could not claim that the previous government did not properly compensate them for their land.
"The apartheid government made the homelands concept sound appealing. All white farmers were in favour of it," he said.