The Minister for Agriculture and Land Affairs intends to introduce the Communal Land Rights Bill in the National Assembly in 2003. . The Bill as it is to be introduced together with a Memorandum on the Objects of the Bill, are hereby published in terms of Rule 241(1) of the Rules of the National Assembly.
This Notice replaces Notice 2520 published in Government Gazette No.25492 of 3 October 2003.
Approved by Cabinet 8.10.
"Board"means, withtheexception of Chapter9, aLandRights Board, established in terms; of section26.
"community"' means a group or portion of a groupof persons whose rights to land are derived from shared rules determining access to land held in common by such group; "community rules" mean the rules registered in terms of section 20(1); "comparable!
(Act 108 of 1996); "Deed of CommunalLand. Right"meansadeed in terms of which a new order right is registered in the name of a person as contemplated in sectio'n 6; "Deeds Registries Act" means the Deeds Registries Act, 1937 (ActNo.
0 any right or interest based pure1.
at any time vested in a government contemplated by the Self-Governing, Territories Constitution Act,1971(Act No. 21 of 1!371) or of the former Republics of Transkei, Bophuthatswana, Venda or Ciskei, or in the South AfricanDevelopmentTrust established by section4 of the Development Trust and Land Act, 1 !336 (ActNo.
was listed in the schedulesto the Black Land Act, 191 3 (ActNo. 2;7 of 1913) or the schedule of released areas in terms of the Development Trust and Land Act,1936 (Act No.
land to which the KwaZulu-Natal lngonyama Trust Act, 1994 (Act No.
land acquired by, or for, a community whether registered in its name or not; and any other land, including land which provides equitable access to land to a community as contemplated in section 256 of the Constitution, as the Minister may determine by notice in the Gazefte;PROVIDED THAT theMinistermay in such notice specifywhichprovisions of thisAct apply to such land.
the title deed relating to land contemplated in paragraph (a) and any mortgage bondor other deed registered in respect of such land must in the prescribed manner be endorsed by the Registrarof Deeds to reflect the community as the registered owner.
If adocument.contemplated in paragraph (a) cannot belodged, the Registrar must accept an appropriate affidavit to that effect by the holder of such right or the Minister.
transfer the entire communal land determined by her or him to be the land to which a community is entitled, to such community subject to the conditions contemplated in section 19(4) which are applicable to such land;; and despite the provisions of any other law to the contrary, on behalf of such community and in respect of such.
have a communal general plan prepared and approved in terms of the Land Survey Act, 1997 (Act No.
transfer, by meansof a Deedof Communal Land Right or other appropriate deed, the new order rights to the persons determined by her or him to be entitled to such rights, to such persons; and generally do all things necessary to give effect to her or his determination and this section.
A suitably qualified official of the Department may perform the functions of a conveyancer as may be requiredin terms of the Deeds Registries Act.
Registrable in of land, new transactions respect including communal register must be registered in terms of this Act and the Deeds Registries Act.
Conversion of registered new order right intofreehold ownership freehold ownership and such community must, subject to community rules and any may impose any conldition or reserve any right in favour of the community.
Onapplication by the holder referred to in subsection (I), the Registrar of Deeds must in the prescribed manner record the conversion contemplated in this section.
stamp office are not payable! in respect of any registration required to give effect to sections 5 and 6. ..
Surveying and registration costs and registration requiredto give effect to sections 5 and 6.
Minister determines cannot be legally secured, determine an award of comparable redress to such holder.
For the purposes of this Acl4 the Minister may, with the written agreement of the holder of an old order right and on such conditionsas may be agreed to, cancel such right.
(1,) Prior to securing anoldorderright in terms of section 4 or transferring comparable redress in terms of section 12, the Ministermust initiate a land rights enquiry.
any rnatter relevant to a determination to be made by the Minister in terms of section 19; and any other matter as prescribed or as instructed by the Minister.
TheMinistermayin the prescribed mannerdesignateanofficerof the Department or appoint a suitable other person to conduct a land rights inquiry and may, with theconcurrenceoftheMinister of Finance, remunerateand pay allowances to such other person..
Notice of land rightts enquiry a noti& of an enquiry inviting interested parties to participate in such enquiry; and a notice regarding the determinations made consequent upon a completed land rights enquiiy.
If theMinisterhavingreceivedareport by a landrightsenquireris satisfied that the requirements of this Act have been met, she or he must, having regard to such report, all relevant law including legislation governing spatial planning, local government and agriculture, the old order rightsof all affected right holders and the need to promote genderequalityinrespect of land, makeadeterminationas contemplated in sutxections (2) and (3).
of the land to be transferred to a community or person.
and must determine the holder or holders of a new order right.
such rnatters as may be prescribed; and any matter considered by the cornmunity to be necessary.
Community rules are binding on the community and its members and must be accessible to the public and are on registration deemed to be a matter of public knowledge.
A community must apply to the Director-General for the registration of its adopted rules.
If the Director-Generalis satisfied that the adopted community rules comply with the requirements of this Act, she or he must havesuchrulesregistered in the prescribedmanner by a Registration Officer in the Department designated by her or him, for that purpose.
Should a community fail to adopt and have community rules registered, thestandardrulesprescribedbyRegulationasadaptedbytheMinister to such community, are dleemed to be the rules of such community and must be registered as the rules of such community.
Establishment of a land administration committee may only be disestablishedif its existence is no longer required by this Act.
(b)Anyprovision in this Actwhichrefersto, orisapplicabletoa traditional council is intended to establish norms and standards and a nationalpolicywithregard to communal landrights, to effect uniformity across the nation.
A land adrjinistration committee mustconsist of atotalnumber.of members as determined by the applicable community rules and must comply with this section.
Subjecttosubsection 22(2) themembers of a landadministration commiftee must be persons not holding any traditional leadership position and must be elected by the community.
At least one third of the total membership must be women.
(vi)onemustrepresenttheinterests of theyouth as defined in section 1 of the National Youth Commission Act, 1996 (Act No. 19 of 1996).
A memberoftheboard is appointed foraperiod of fiveyearsbutthe Minister mayin her or his discretion extend such termof office by a further period not exceeding six months until a new board member has been appointed.
(b)When a chairperson is unable to perform her or his duties, the deputy chairperson must perform such duties.
The Minister mustpublishinthe Gazette thenamesofandposition held by each appointee to a Board and the date on which each appointment takes effect and such other information as may be prescribed.
Disqualification as Board member is declared by a court of law to be mentally incompetent or is detained undertheMentalHealthCareAct, 1973 (Act No.
has been determined by a court, tribunal or forum as contemplated by the Promotion of Equality and Prevention of Unfair Discrimination Act, 2000 (Act No. 4 of 2000) to have contravened section 7 or any other provision of that Act; or is an elected political representative at the national, provincial or local sphere of government.
(d)has,, without the leave of theboard, beenabsentfrom two ormore meetings of the board during a continuous twelve-month period.
board by the Minister.
performance Board at any time enter upon any communal land; enquire into any relevant matter; inspectanydocument in the possession of any land administration committee or any rights holder concerning old and new order rights and make copies of such document; and and a Board has all powers necessaryor incidental to theperformance of its functions.
Board members who are not employed by.
Parliament for this purpose.
No. 3 KZ of 1994 applies is, from the date of commencement of this Act, governed by the provisions of that Act as amendedby this Act and, to the extent provided forin this Chapter, by the provisions of this Act.
34 of this Act.
The provisions of this Actmust, in the event of anyinconsistency in the provisions of this Act and those of the KwaZulu-Natal lngonyama Trust Act, 1994, prevail.
Provision of assistance toa community community or person to give effectto the implementation of this Act.
Despite the other provisionsof this Act and the provisions of any other law, no infrastructure and from performing its constitutional functions oncommunalland however held or owned.
AdministrativeJusticeAct, 2000 (Act No. 3 of 2000) expropriate land, a portion of land in land.
The Expropriation Act, 1975(Act No. 63 of1975)must, withthe necessary changes, apply to an expropriation under this Act, and any reference to the Minister of Public Works in that Act must be construed as a reference to the I Minister for the purpose of such expropriation.
Where the Minister expropriates land, a portion of land or a right in land under this Act, the!
The Minister and a Board, in their capacities as such and on behalf of any community or person, each has the legal capacityto institute or intervene in any, legal proceedings arising from or related to this Act.
is guilty of an offence.
A person convicted of an.
in the case of an offence referred to in section 48(1) or (2),to a fine or imprisonment for a period not exceeding two years, or both such fine and imprisonment; and in the case ofanoffencereferred to in section 48(3), to the penalty applicable to a similar offence in a magistrate's court.
A magistrate'scourthasthepower to impose anypenalty in terms of this section.
This Act binds the State.
The laws mentioned in the Schedule to this Actareherebyamended or repealed to the extent set out in the third column of that Schedule; PROVIDED THAT any legislation governing an old order right remains in force until repealed by a competentauthority, and the provisions of thisActmust, in the event of any inconsistency in the provisionsof this Act and thoseof such legislation, prevail.
Repeal of sections 6 and 7.
Act 47 Deeds 1.
Rights Act, 2003 16C. Neworder rights shall transferred by means 9f adeed communal land right..
'a by the insertion of the following definition !ter the definition of 'court'?
means plan represents the positions been by recognised by law as a land surveyor, an(whichhasbeenapproved, provisionall! approved or certified as a general pian b! a or office surveyor-general other empowered under any law so to approve provisionally approve orcertifyagenera plan, and includes a general plan or cop) thereofpreparedinasurveyor-general office andprovisionall?
"'person',for the purpose anof registration in terms of this Act includes E trust and, for the purpose theof Communal Land Rights Act, 2003 includes a communitv:".
Repeal of section 20.
"25A. As from the coming into operation of the CommunalLand Rights Act, 2003 this Act shall apply thrqughout the Republic.".
1. Any quitrent title referred to in Proclamation 196 of 1920.
Proclamation 170 of 1922.. imendment of section 5 by the deletion of ubsection (2).
GAZETTE, 2003 1.
"(5) Thelngonyama shall not encumber pledge, lease, alienate orotherwise disposc of any of the said land or any interest or rea right in the land, unless he has obtained the priorwrittenconsent of the communi@ concerned, and otherwise than in accordancc with the provisions of any law.".
eferred to in section 3 and the real and other my other law, be transferred.
Venda Land Repeal of the whole.
Control Act, 1986 Proclama-Venda Land Repeal of sections 1, i!
1990 province under section 235(8) of the Constitution of the Republic of South Africa, 1993 (Act 200 of 1993).
Part 5: Laws of the former Ciskei from which Proclamation No. R. 188 of 1969 is repealed in that. area.
SouthAfrica'sinequitableandracially-basedsystern of land tenure causesan unsustainable imbalance in its citizens' access to land, legal recognition afforded to land rights and the consequent levels of security of tlenure, and the registration of those rights.
inequities and occasioned by a plethora of disparate laws and adminiistrative systems, perpetuate the imbalance in the enjoyment of the fundamental human and constitutional rights and prevent social and economic advancement of these areas.
The objects of the Bill are mandated by section25(5) and (6) of the Constitution.
The implementation of the Bill will require an extensive communication strategy, the provision and training of Departmental staff and the members of the Land Rights Boards, the conducting of land rightsenquiriesand the resolution of disputes around land and tenurerights, the tlraining ofandsupportto communities and their land administration committees and the provision of equipment, and administration. The estimated annualtotal cost is R 68 318 299.00.
Department of National Treasury.
Department of Water Affairs and Forestry.
Directorate: Traditional Affairs;.
Mpumatanga Provincial Government (the office of the senior State Law Advisor in.
The organisations represented the '. Reference .. following were in Group established by Minister participate in drafting the'Bill: . .. -.
of 3. Department .,..
Legal Resources Centre; ..
A total of 50 workshops were organized at the national, provincialand community society.
The Department will conduct an extensive communication campaign involving all categories of electronic and print, media, and community-based communication methods. Workshops with the publicand communities will also be held.