Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698058408217.pdf (Lesotho)
SPECIAL REPORT ON THE SECTIONAL TITLES BILL, 2021 PRESENTED BY THE PORTFOLIO COMMITTEE ON THE PRIME MINISTER’S MINISTRIES AND DEPARTMENTS, GOVERNANCE, FOREIGN RELATIONS AND INFORMATION CLUSTER National Assembly P. O.

Box 190 Maseru 100 Phone: +266 22323035 Fax: + 266 22310434 1.

INTRODUCTION The Sectional Titles Bill, 2021 was tabled before the House on the 12th May, 2021 by the Honourable Minister of Local Government and Chieftainship.
The Bill was referred to the Portfolio Committee on the Prime Minister’s Ministries and Departments, Governance, Foreign Relations and Information Cluster for consideration and scrutiny in terms of Standing Order No.

51(5).

The Minister of Local Government and Chieftainship and the Ministry’s officials were invited to apprise the Committee on the policy context, financial implications, contents, and effects of the Bill in terms of Standing Order No.

54(2).
54(2).

After a thorough consideration of the provisions of Standing Order No.

88 (7), the Committee was compelled to formulate the Special Report.

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PRESENTATION BY THE MINISTRY OF LOCAL GOVERNMENT AND CHIEFTAINSHIP In its briefing, the ministry stated that the intention of the Bill is to: • Divide land and buildings into sections and common property and for the acquisition of separate title in sections coupled with the joint title in common property; and • Establish associations of section owners to control common property and for that purpose to make and enforce roles.
It was also indicated that the Bill seeks to: • Overcome shortage of land in more densely populated areas; • Provide a form of tenure which is acceptable to lending authorities as security of loans; • Provide a form of development which is attractive to developers and investors; • Provide a form of accommodation which is more affordable and secure from the incidents of crime; and • Improve security of tenure particularly for urban dwellers.

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OBSERVATIONS AND CONCERNS OF THE COMMITTEE Upon scrutiny of the Sectional Titles Bill, 2021, the Committee observed that the Bill in its entirety gloms section 9 of the Land Act, 2010.

Therefore, it would be a futile exercise to have two Acts of the same provisions.

In addition, some provisions in the Sectional Titles Bill, 2021 seem to be of regulatory nature.

To this effect, it would suffice for the Hon.

Minister to formulate a Subordinate Law in respect of those provisions.

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RECOMMENDATIONS Based on the above-mentioned observations and concerns, the Committee recommends that the Minister responsible for Local Government be afforded an opportunity to withdraw the Sectional Titles Bill, 2021 to enable him to reconsider the Bill and formulate the regulations in place of the Bill.

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CONCLUSION The Committee wishes to submit this special report and its recommendations for adoption by the House.
LIST OF MEMBERS OF THE PORTFOLIO COMMITTEE ON THE PRIME MINISTERS MINISTRIES AND DEPARTMENTS CLUSTER 1) Hon.

L. Hlalele - Chairperson 2) Hon.

M. Phafoli 3) Hon.

T. Monyooe 4) Hon.

T. Kibane 5) Hon.

M. Fako 6) Hon.

L. Mosito 7) Hon.

T. Litjobo 8) Hon.

M. Ntlama 9) Hon.

K. Moroeng 10) 11) 12) 13) 14) 15) 16) 17) 18) Hon.

S. Peea Hon.

T. Sekata Hon.

M. Malefane Hon.

L. Tau Hon.

N. Mafa Hon.

T. Ramarou Hon.

M. Hlao Hon.

S. Ntsekele Hon.

T. Mapesela