All claims must first be submitted to the Commission on the Restitution of Land Rights, whose role is to investigate the merits of claims and attempt to settle them through mediation. Where a claim cannot be settled through mediation, the Commission must prepare a comprehensive report, and refer the claim to the Land Claims Court for final determination. Successful settlements must also be referred to the Court in order for the Court to scrutinise them and give them the status of court orders. Thus all restitution claims ultimately reach the Land Claims Court. The task of the Land Claims Court is to decide which form of restitution is appropriate and fair in each case.
Restitution can take the form of returning the original piece of land that was taken.
If this requires expropriation then the current owner is entitled to fair compensation. Restitution can also take the form of granting the claimant alternative state owned land or monetary compensation. Where compensation is payable, either to a claimant or to a current owner who is being expropriated, it is also the task of the Land Claims Court to decide on the amount of compensation. The chapter allows claimants to approach the Land Claims Court directly without first going to the Commission. If a claimant chooses this option the claimant must do all the necessary investigative and preparatory work before submitting the claim to the Court.