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Communal Land Rights Act, 2004 (Act No. 11 of 2004)

Chapter 8 : Land Rights Board

26. Composition

 

1) Members of a Board must be appointed by the Minister in accordance with the prescribed nomination and selection processes.

 

2) A Board consists of-
a) one representative from each of the organs of State determined by the Minister;
b) two members nominated by each Provincial House of Traditional Leaders contemplated in section 212(2)(a) of the Constitution having jurisdiction in the area of that Board;
c) one member nominated by institutions or persons in the commercial or industrial sector;
d) seven members from the affected communities, of whom at least-
i) one must represent the interests of child-headed households;
ii) one must represent the interests of persons with disabilities;
iii) one must represent the interests of the youth as defined in section 1 of the National Youth Commission Act, 1996 (Act No. 19 of 1996); and
iv) one must represent the interests of female-headed households.

 

3) In appointing members of a Board, the Minister must-
a) have due regard to the required knowledge of land, land tenure, old and new order rights and the required capabilities, including relevant skills, expertise and experience; and
b) ensure that at least a third of the Board members are women.

 

4) A member of a Board is appointed for a period of five years but the Minister may in her or his discretion extend such term of office by a further period not exceeding six months until a new Board member has been appointed.

 

5)
a) The Minister must, after consultation with the appointed Board members, appoint a chairperson and a deputy chairperson from among such members.
b) When a chairperson is unable to perform her or his duties, the deputy chairperson must perform such duties.

 

6) The Minister must publish in the Gazette the names of, and position held by, each appointee to a Board, the date on which each appointment takes effect and such other information as may be prescribed.

 

7) If a member of a Board dies or vacates her or his office before the expiry of her or his term of office, the Minister may appoint a person to fill the vacancy for the remaining portion of such term.