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

Chapter 10 : General Provisions

41. Offences

 

1) A person who-
a) hinders, obstructs or unduly influences any other person in the exercise of the powers or the performance of the duties conferred on or vested in such other person in terms of this Act;
b) unlawfully requires any other person to refrain from exercising a right in terms of this Act; or
c) in any manner prevents any other person from exercising such a right, is guilty of an offence.

 

2) Any person who grants or purports to grant to any other person, other than a member of a community, a new order right in communal land-
a) in contravention of, or without complying with, a community rule;
b) without the prior consent of the community or its land administration committee or, in the case of State land, the consent of the Minister, is guilty of an offence.

 

3) A person who, without good cause-
a) having been subpoenaed to appear before a land rights enquirer, does not attend at the time and place stated in the subpoena;
b) having appeared in response to a subpoena by a land rights enquirer, fails to remain in attendance until excused;
c) refuses to take an oath or affirmation as a witness when a land rights enquirer so requires;
d) refuses to answer any question fully and to the best of her or his knowledge and belief;
e) fails to produce any book, document or object when required to do so; or
f) does or says anything in relation to a land rights enquirer which if said or done in relation to a court of law, would be contempt of court,

is guilty of an offence.

 

 


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