| 1) |
If the Minister, having received a report by a land rights enquirer, is satisfied that the requirements of this Act have been met, he or she must, subject to subsections (4) and (5) and having regard to- |
| b) |
all relevant law, including customary law and law governing spatial planning, local government and agriculture; |
| c) |
the old order rights of all affected right holders; |
| d) |
the need to provide access to land on an equitable basis; and |
| e) |
the need to promote gender equality in respect of land, |
make a determination as contemplated in subsections (2) and (3).
| 2) |
The Minister must, where applicable, determine the location and extent of the land to be transferred to a community or person. |
| 3) |
The Minister must, subject to subsections (4) and (5), determine that- |
| a) |
the whole of an area of communal land which is, or is to be, surveyed must be registered or remain registered in the name of a specified community; |
| b) |
the whole of an area contemplated in paragraph (a) is to be subdivided into portions of land, each of which must be registered in the name of a person and not a community; |
| c) |
a part of an area contemplated in paragraph (a)- |
| i) |
must be registered or remain registered in the name of a specified community, and part of such land must be subdivided and registered as contemplated in paragraph (6); and |
| ii) |
is reserved to the State; and |
| ii) |
converted into ownership or into a comparable new order right, and the Minister must determine the nature and extent of such right; or |
| iii) |
cancelled in accordance with Chapter 4 and- |
| aa) |
the land to which such right relates must be incorporated into land held or to be held by a community; and |
| ab) |
the holder of such right must be awarded specified comparable redress as contemplated in Chapter 4. |
| 4) |
In making a determination in terms of this section, the Minister must take into account the Integrated Development Plan of each municipality having jurisdiction and, after consultation with the Minister responsible for local government, each municipality and other land-use regulator having jurisdiction may- |
| a) |
reserve a right to the State, including a municipality, and stipulate any land-use or other condition which in her or his opinion is necessary- |
| i) |
for a public purpose or which is in the public interest; |
| ii) |
to protect the affected land, rights in such land, an owner of such land and a holder of such rights; or |
| iii) |
to give effect to this Act; |
| b) |
confer a new order right on a woman- |
| i) |
who is a spouse of a male holder of an old order right, to be held jointly with her spouse; |
| ii) |
who is the widow of a male holder of an old order right, or who otherwise succeeds to such right, to be held solely by such woman; or |
| iii) |
in her own right; and |
| c) |
validate a putative old order right which was acquired in good faith and declare invalid such a right which was not acquired in good faith, and must determine the holder or holders of a new order right. |
| 5) |
The Minister may not make a determination in terms of this section which relates to land and a right in, or to, land which is directly affected by a dispute until such dispute is resolved by mediation, other alternative traditional or non-traditional dispute resolution mechanism or by a court, and must adopt measures to ensure that such dispute is resolved. |
Housing Development Agency Act, 2008
