Resource information
The Act consists of 47 sections divided into 10 Chapters: Definitions and applications of the Act (1); Juristic personality and legal system of tenure (2; Transfer and registration of communal land (3) Provision of comparable redress where tenure cannot be legally secured (4); The conduct of land rights enquiry (5); Content, making and registration of community rules (6); Land Administration Committee (7); Land Rights Board (8); Kwazulu-Natal Ingonyama Trust land (9); General provisions (10).Section 2 defines the land to which provisions of this Act apply. Section 3 concerns the acquisition of juristic personality by a Community, i.e. a group of persons whose rights to land are derived from shared rules determining access to land held in common by such groups. A community has the right either to tenure which is legally secure or comparable compensation within limits set by section 4. Communal rights or new order rights, i.e. tenure or other right in communal or other land which has been confirmed, converted or validated by the Minister under section 18 of this Act, shall be registered in accordance with section 5. After making a determination in accordance with section 18, the Minister shall transfer communal land in accordance with section 6. Prior to transfer or confirmation of any (old or new order) land rights or comparable redress the Minister shall conduct a land rights enquiry pursuant to sections 14 to 17. A Community must establish a land administration committee or functions the committee may be performed by a traditional council (sect. 21). A committee represents a community owning land and carries out functions and duties pursuant to section 24. The Minister may establish one or more Land Right Boards under section 25. Such Boards shall advise the Minister and assist communities in matters of sustainable land use and ownership and carry out other functions defined in section 28. Section 38 defines powers of the Minister to acquire land.
Amends: Deeds Registries Act. (2000)
Amends: Interim Protection of Informal Land Rights Act, 1996 (No. 1057 of 1996). (1997-04-05)
Amends: Land Survey Act 1997 (No. 8 of 1997). (1997-04-05)
