Promotion of National Unity and Reconciliation Act, 1995 (Act No. 34 of 1995)

Regulations

Regulations relating to Housing Assistance to the Truth and Reconciliation Commission Identified Victims, 2025

1. Definitions

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In these Regulations, any word or expression to which a meaning has been assigned in the Act shall bear the meaning so assigned and, unless the context indicates otherwise—

 

“application form”

means the form provided for in regulation 8(1);

 

“applicant”

means a person who applies for housing assistance in terms of regulation 8;

 

“approved listed beneficiary”

means a listed beneficiary whose application for housing assistance as referred in regulation 8 has been approved by the dedicated official;

 

“burnt house”

refers to a house of a declared victim that was burnt, partly or completely during the conflicts of the past;

 

“construction”

refers to the building of a new house where the house of a declared victim was stolen, destroyed or damaged.

 

“damaged house”

refers to any damage caused by the conflicts of the past to the house of a declared victim including, structural damage or damage to the roof, floor and walls;

 

“days”

means calendar days;

 

“declared victim”

means a person who was declared as such by the TRC;

 

“dedicated official”

means an official of the Department designated by the Director-General to deal with applications for assistance and related functions in terms of these Regulations;

 

“Department”

means the Department of Justice and Constitutional

Development;

 

“dependant and relative of a TRC declared victim”

means—

(a) a parent of, or somebody who exercises or exercised parental responsibility over a declared victim;
(b) a person married to a declared victim under any law, custom or belief;
(c) a child of a declared victim or an adopted child of a victim; or
(d) any person to whom a declared victim has or had a legal or customary duty to support;

 

“Director-General”

means the Director-General of the Department;

 

“Fund”

means the President’s Fund established under section 42(1) of the Act;

 

“Fund Administrator”

means the officer designated by the Minister under section 42(5) of the Act;

 

“house”

includes a homestead on land allocated to the declared victim in terms of the customary, shelter or tribal land tenure system applicable at that time;

 

“household”

means the members of a family who live together;

 

“housing assistance”

means the assistance provided for in regulation 5;

 

“listed beneficiary”

means a person whose name appears on the register compiled by the dedicated official in terms of regulation 10(a) on the basis of applications for reparation and rehabilitation made by TRC declared victims or their relatives or dependents to the TRC in respect of housing assistance which were recommended by the TRC;

 

“Minister of Human Settlements”

means the cabinet member responsible for human settlements at national level;

 

“once-off housing grant”

refers to a once-off payment as determined by the fund administrator to an approved listed beneficiary to reimburse him or her for the expenses or a part thereof already incurred and paid—

(a) for the repairs done in respect of a damaged house;
(b) the replacement of a destroyed or stolen house; or
(c) for a house already upgraded;

 

“repairs”

refers to the fixing or repairing of a damaged or burnt house as a result of the conflicts of the past;

 

“stolen house”

refers to a house from which the declared victim was forcibly removed because of the conflicts of the past;

 

“the Act”

means the Promotion of National Unity and Reconciliation Act, 1995 (Act No. 34 of 1995); and

 

“the TRC”

means the Truth and Reconciliation Commission as defined in the Act.