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

Chapter 5 : The conduct of land rights enquiry

Purchase

1)	Prior to securing an old order right in terms of section 4 or transferring communal land to a community or person in terms of section 6 or determining comparable redress in terms of section 12, the Minister must institute a land rights enquiry.

2)	A land rights enquiry must enquire into-

a)	the nature and extent of all-

i)	constitutional and human;

ii)	old order and other land and tenure; and

iii)	competing or conflicting,

rights, interests and tenure of land, whether legally secure or not which are or may be affected by such enquiry;

b)	the interests of the State;

c)	the options available for legally securing any legally insecure rights;

d)	the provision of access to land on an equitable basis;

e)	spatial planning and land use management, land development, and the necessity for conducting a development or a de-densification or other land reform programme, and the nature of such programme;

f)	the need for comparable redress and the nature and extent of such redress;

g)	the measures required to ensure compliance with section 4 and to promote gender equality in the allocation, registration and exercise of new order rights;

h)	any matter relevant to a determination to be made by the Minister in terms of section 18;

i)	any other matter as prescribed or as instructed by the Minister,

and must endeavour to resolve any dispute relating to land and rights in, or to, land and a report on such matters must be submitted to the Minister.