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

Chapter 3 : Transfer and Registration of Communal Land

5. Registration of communal land and new order rights

 

 

1) Communal land and new order rights are capable of being and must be registered in the name of the community or person, including a woman, entitled to such land or right in terms of this Act and the relevant community rules.

 

2) Despite any other law-
a) on the making of a determination by the Minister in terms of section 18, the ownership of communal land which is not State land but which is registered in the name of-
i) a person;
ii) a traditional leader or traditional leadership whether recognised in terms of law or not;
iii) a communal property association contemplated in the Communal Property Associations Act, 1996 (Act No. 28 of 1996); or
iv) a trust or other legal entity,

vests in the community on whose behalf such land is held or in whose interest such registration was effected, and such land remains subject to limitations and restrictions in relation to and rights or entitlements to such land;

b) the community referred to in paragraph (a) succeeds in all respects as the successor in title to such person, traditional leader or traditional leadership, communal property association, trust or other legal entity;
c) the title deed relating to land contemplated in paragraph (a) and any mortgage bond or other deed registered in respect of such land must, in the prescribed manner, be endorsed by the Registrar of Deeds to reflect the community as the registered owner of such land; and
d) the provisions of this Act must apply with the necessary changes to land contemplated in paragraph (a).

 

3)
a) A document evidencing an old order right which is cancelled or replaced by a new order right in terms of this Act, must be lodged with the Registrar of Deeds, who must endorse such document as having been cancelled.
b) If a document contemplated in paragraph (a) cannot be lodged, the Registrar must accept an appropriate affidavit to that effect by the holder of such right or the Minister.