Rural Development and Land Reform General Amendment Act

Link to law: http://www.gov.za/documents/rural-development-and-land-reform-general-amendment-act
Published: 2011-05-16

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Rural Development and Land Reform General Amendment Act 4 of 2011
Please note that most Acts are published in English and another South African official language. Currently we only have capacity to publish the English versions.
This means that this document will only contain even numbered pages as the other language is printed on uneven numbered pages.


Government Gazette
REPUBLIC OF SOUTH AFRICA

Vol. 5 Cape Town 201 No. 3
THE PRESIDENCY No. 1
It is hereby notified that the President has assented to the following Act, which is hereby published for general information:–
No. of 201 : Act, 201 .


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Act No. 4 of 2011 RURAL DEVELOPMENT AND LAND REFORM GENERAL AMENDMENT ACT, 2011
GENERAL EXPLANATORY NOTE:
[ ] Words in bold type in square brackets indicate omissions from existing enactments.
Words underlined with a solid line indicate insertions in existing enactments.
(English text signed by the President) (Assented to 12 May 2011)
ACT To amend various laws under the administration of the Minister of Rural Development and Land Reform, so as to substitute certain obsolete definitions to ensure legal certainty; to effect certain consequential amendments in this regard; and to provide for matters connected therewith.
E IT ENACTED by the Parliament of the Republic of South Africa, as 1 follows:—
Amendment of section 2 of Act 47 of 1937, as amended by section 1 of Act 43 of 1957, section 1 of Act 43 of 1962, section 1 of Act 87 of 1965, section 2 of Act 61 of 1969, section 2 of Act 3 of 1972, section 7 of Act 62 of 1973, section 2 of Act 27 of 5 1982, section 2 of Act 62 of 1984, section 1 of Act 14 of 1993, section 10 of Act 11 of 1996, Proclamation R9 of 31 January 1997, section 35 of Act 47 of 1997 and section 1 of Act 93 of 1998
1. Section 2 of the Deeds Registries Act, 1937, is hereby amended by the substitution for subsection (1C) of the following subsection: 10
"(1C) The Minister may delegate any power conferred on him or her by this section, to the Director-General: [Land Affairs] Rural Development and Land Reform or a Deputy Director-General in the Department of [Land Affairs] Rural Development and Land Reform.".
Amendment of section 1 of Act 40 of 1961, as amended by section 6 of Act 89 of 1993 15 and section 1 of Act 11 of 1995
2. Section 1 of the Kimberley Leasehold Conversion to Freehold Act, 1961, is hereby amended by the substitution for the definition of "Minister" of the following definition:
" 'Minister' means the Minister of [Land Affairs] Rural Development and Land Reform;". 20
Amendment of section 1 of Act 48 of 1961, as amended by section 1 of Act 28 of 1968, section 1 of Act 66 of 1982, section 1 of Act 47 of 1987, section 1 of Act 19 of 1988, section 36 of Act 9 of 1989, section 7 of Act 108 of 1993, Proclamation R41 of 25 March 1994 and Proclamation 67 of 7 July 1995
3. Section 1 of the State Land Disposal Act, 1961, is hereby amended by the 25 substitution for the definition of "Minister" of the following definition:
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" 'Minister' means the Minister of Public Works, but in relation to a provision of this Act which applies to, or is connected to any land transferred to the Minister of [Regional and Land Affairs] Rural Development and Land Reform in terms of paragraph 1(e) of Proclamation R.28 of 31 March 1992 or after 1 April 1992 in his name, means the latter Minister;". 5
Amendment of section 1 of Act 84 of 1967, as amended by section 11 of Act 108 of 1993 and Proclamation R160 of 31 October 1994
4. Section 1 of the Removal of Restrictions Act, 1967, is hereby amended by the substitution for the definition of "Minister" of the following definition:
" 'Minister' means the Minister of [Regional and Land Affairs] Rural 10 Development and Land Reform;".
Amendment of section 1 of Act 40 of 1984, as amended by section 1 of Act 37 of 1986, section 1 of Act 66 of 1987, section 1 of Act 34 of 1993, Proclamation 66 of 7 July 1995 and section 49 of Act 8 of 1997
5. Section 1 of the Professional and Technical Surveyors' Act, 1984, is hereby 15 amended by the substitution for the definitions of "department" and "Minister" of the following definitions, respectively:
" 'department' means the Department of [Regional and Land Affairs] Rural Development and Land Reform; 'Minister' means the Minister of [Regional and Land Affairs] Rural Develop- 20 ment and Land Reform;".
Amendment of section 12 of Act 40 of 1984, as amended by section 8 of Act 34 of 1993 and section 11 of Act 170 of 1993
6. Section 12 of the Professional and Technical Surveyors' Act, 1984, is hereby amended by the substitution in subsection (1) for paragraphs (b) and (c) of the following 25 paragraphs, respectively:
"(b) two persons nominated by the Minister of [National Education] Higher Education and Training from persons in the full-time service of every technikon or college providing instruction in surveying;
(c) one person nominated by the Minister of [National Education] Higher 30 Education and Training from persons in the service of the State;".
Amendment of section 8 of Act 95 of 1986, as amended by section 11 of Act 7 of 1992 and section 4 of Act 44 of 1997
7. Section 8 of the Sectional Titles Act, 1986, is hereby amended by the substitution for the words following paragraph (g) of the following words: 35
"and in the case of land surveyors, the Director-General]: Land Affairs] of Rural Development and Land Reform or in the case of architects, the Director-General: Public Works, or any other official authorized thereto by the Director-General concerned, may refer a complaint in this regard to the relevant Council for investigation and the taking of such steps as the Council may deem fit.". 40
Amendment of section 54 of Act 95 of 1986, as amended by section 22 of Act 63 of 1991, section 11 of Act 7 of 1992 and section 26 of Act 44 of 1997
8. Section 54 of the Sectional Titles Act, 1986, is hereby amended— (a) by the substitution in subsection (2)(c) for subparagraph (vi) of the following
subparagraph: 45 "(vi) an official of the Department of [Land Affairs] Rural Develop­
ment and Land Reform."; and (b) by the substitution for subsection (5) of the following subsection:
"(5) When any nomination in terms of subsection (2)(c)(i), (ii), (iii) or (iv) becomes necessary, the body concerned shall at the request of the 50 Director-General [: Land Affairs] of Rural Development and Land Reform furnish the nomination required for appointment to the
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regulation board, within a period of 60 days from the date of such request, failing which the Minister may appoint, subject to the provisions of that subsection, any suitable person as a member in place of the person he or she would have appointed if the said body had not so failed to nominate a person.". 5
Amendment of section 1 of Act 112 of 1991, as amended by section 30 of Act 108 of 1993, section 8 of Act 11 of 1995 and section 1 of Act 34 of 1996
9. Section 1 of the Upgrading of Land Tenure Rights Act, 1991, is hereby amended by the substitution for the definition of "Minister" of the following definition:
" 'Minister' means the Minister of [Land Affairs] Rural Development and Land 10 Reform;".
Amendment of section 22 of Act 112 of 1991, as amended by section 12 of Act 11 of 1995 and section 9 of Act 34 of 1996
10. Section 22 of the Upgrading of Land Tenure Rights Act, 1991, is hereby amended— 15
(a) by the substitution for the heading of the following heading: "Transfer of certain offices to the Department of [Public Works and Land Affairs] Rural Development and Land Reform";
(b) by the substitution in subsection (1) for the words following paragraph (b) of the following words: 20
"and which has been established in the Department of Development Aid or in any department under the control of the government of a territory, which after the commencement of that Constitution, forms part of the national territory, is hereby transferred to the Department of [Land Affairs] Rural Development and Land Reform."; and 25
(c) by the substitution in subsection (2) for paragraphs (a) and (b) of the following paragraphs, respectively:
"(a) the control of such an office and all registers, books, plans, diagrams, records and other documents relating to the affairs of such office, shall vest in the Director-General [: Land Affairs] of Rural 30 Development and Land Reform; and
(b) the officers and employees attached to such office shall, subject to subsection (3), perform their functions as if they were seconded to the Department of [Land Affairs] Rural Development and Land Reform.". 35
Amendment of section 1 of Act 125 of 1991, as amended by section 20 of Act 89 of 1993
11. Section 1 of the Physical Planning Act, 1991, is hereby amended by the substitution for the definitions of "Department", "Director-General" and "Minis­ ter" of the following definitions, respectively: 40
" 'Department' means the Department of [Regional and Land Affairs] Rural Development and Land Reform; 'Director-General' means the Director-General [: Regional and Land Affairs] of Rural Development and Land Reform; 'Minister' means the Minister of [Regional and Land Affairs) Rural Develop- 45 ment and Land Reform;".
Amendment of section 27 of Act 125 of 1991
12. Section 27 of the Physical Planning Act, 1991, is hereby amended by the substitution in subsection (1) for the proviso to paragraph (d) of the following proviso:
"Provided that without the prior written approval of the Minister of Agriculture, 50 Forestry and Fisheries, or an officer designated by him or her, no permission shall
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be granted in terms of any law for the subdivision of land which in terms of the relevant plan may be used for agricultural purposes as well as any other purpose.".
Amendment of section 1 of Act 111 of 1993, as amended by section 13 of Act 11 of 1995
13. Section 1 of the Land Titles Adjustment Act, 1993, is hereby amended by the 5 substitution for the definitions of "Director-General" and "Minister" of the following definitions, respectively:
" 'Director-General' means the Director-General of [Land Affairs] Rural Development and Land Reform; 'Minister' means the Minister of [Land Affairs] Rural Development and Land 10 Reform;".
Amendment of section 14 of Act 111 of 1993, as amended by section 16 of Act 11 of 1995
14. Section 14 of the Land Titles Adjustment Act, 1993, is hereby amended by the substitution for subsection (1) of the following subsection: 15
"(1) The Director-General may, subject to such conditions as he or she may deem necessary— (a) delegate to an officer employed by the Department of [Land Affairs] Rural
Development and Land Reform any power conferred upon him or her in terms of this Act; or 20
(b) authorise an officer employed by the Department of [Land Affairs] Rural Development and Land Reform to perform any duty assigned to him or her in terms of this Act.".
Amendment of section 1 of Act 119 of 1993, as amended by section 18 of Act 11 of 1995 25
15. Section 1 of the Distribution and Transfer of Certain State Land Act, 1993, is hereby amended by the substitution for the definitions of "Director-General" and "Minister" of the following definitions, respectively:
" 'Director-General' means the Director-General of (Land Affairs] Rural Development and Land Reform; 30 'Minister' means the Minister of [Land Affairs] Rural Development and Land Reform.".
Amendment of section 16 of Act 119 of 1993, as amended by section 21 of Act 11 of 1995
16. Section 16 of the Distribution and Transfer of Certain State Land Act, 1993, is 35 hereby amended by the substitution in subsection (1) for paragraphs (a) and (b) of the following paragraphs, respectively:
"(a) delegate to an officer employed by the Department of [Land Affairs] Rural Development and Land Reform any power conferred upon him or her in terms of this Act; or 40
(b) authorize an officer employed by the Department of [Land Affairs] Rural Development and Land Reform to perform any duty assigned to him or her in terms of this Act.".
Amendment of section 1 of Act 126 of 1993, as amended by section 68 of Act 67 of 1995, section 1 of Act 26 of 1998 and section 1 of Act 58 of 2008 45
17. Section 1 of the Land Reform: Provision of Land and Assistance Act, 1993, is hereby amended by the substitution for the definitions of "Department" and "Minister" of the following definitions, respectively:
" 'Department' means the [National Department responsible for Land Affairs] Department of Rural Development and Land Reform; 50 'Minister' means the Minister of [Land Affairs] Rural Development and Land Reform;".
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Amendment of section 15 of Act 126 of 1993, as amended by section 9 of Act 26 of 1998
18. Section 15 of the Land Reform: Provision of Land and Assistance Act, 1993, is hereby amended by the substitution in subsection (1) for paragraph (a) of the following paragraph: 5
"(a) delegate to any officer in the Department of [Land Affairs) Rural Develop­ ment and Land Reform any power conferred upon the Minister by this Act, except the power under section 14 to make regulations;".
Amendment of section 1 of Act 3 of 1994, as amended by section 1 of Act 9 of 1997
19. Section 1 of the KwaZulu-Natal Ingonyama Trust Act, 1994, is hereby amended 10 by the substitution for the definition of "Minister" of the following definition:
" 'Minister' means the Minister [for Agriculture and Land Affairs) of Rural Development and Land Reform of the National Government, or another Minister designated by the President;".
Amendment of section 1 of Act 22 of 1994, as amended by section 1 of Act 78 of 15 1996, section 2 of Act 63 of 1997 and section 1 of Act 18 of 1999
20. Section 1 of the Restitution of Land Rights Act, 1994, is hereby amended by the substitution for the definition of "Minister" of the following definition:
" 'Minister' means the Minister of [Land Affairs] Rural Development and Land Reform or an officer in his or her Department designated by him or her;". 20
Amendment of section 7 of Act 22 of 1994, as amended by section 3 of Act 18 of 1999
21. Section 7 of the Restitution of Land Rights Act, 1994, is hereby amended by the substitution for subsections (2A) and (2B) of the following subsections, respectively:
"(2A) The Director-General of [Land Affairs] Rural Development and Land Reform may delegate any power conferred upon him or her by or under this Act2 25 except the power of delegation to any member of the Commission, any officer of the State or any person contemplated in section 9.
(2B) A regional land claims commissioner may in consultation with the Chief Land Claims Commissioner and the Director-General of (Land Affairs] Rural Development and Land Reform delegate any power conferred upon him or her by 30 or under this Act2 except the power of delegation^ to any other member of the Commission, any officer of the State or any person contemplated in section 9.".
Substitution of section 20 of Act 22 of 1994
22. The following section is hereby substituted for section 20 of the Restitution of Land Rights Act, 1994: 35
"Annual estimates of expenditure
20. The estimates of expenditure in respect of each financial year shall, after being prepared by the Chief Land Claims Commissioner or an official contemplated in section 8(1) and designated by the Chief Land Claims Commissioner, be submitted, not later than the first day of August of the 40 preceding financial year to the Director-General of [Land Affairs] Rural Development and Land Reform, who shall be the accounting officer.".
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Amendment of section 38 A of Act 22 of 1994
23. Section 38A of the Restitution of Land Rights Act, 1994, is hereby amended by the substitution for the definition of "Director-General" of the following definition:
" 'Director-General' means the Director-General of [Land Affairs] Rural Development and Land Reform;". 5
Amendment of section 42C of Act 22 of 1994, as amended by section 4 of Act 61 of 1998, section 11 of Act 18 of 1999 and section 3 of Act 48 of 2003
24. Section 42C of the Restitution of Land Rights Act, 1994, is hereby amended by the substitution in subsection (3) for paragraph (a) of the following paragraph:
"(a) to any officer in the Department of [Land Affairs] Rural Development and 10 Land Reform;".
Amendment of section 42D of Act 22 of 1994, as amended by section 30 of Act 63 of 1997, section 12 of Act 18 of 1999 and section 4 of Act 48 of 2003
25. Section 42D of the Restitution of Land Rights Act, 1994, is hereby amended by the substitution for subsections (3), (4) and (5) of the following subsections, 15 respectively:
"(3) The Minister may delegate any power conferred upon him or her by subsection (1) or section 42C to the Director-General of [Land Affairs] Rural Development and Land Reform or any other officer of the State or to a regional land claims commissioner. 20
(4) The Director-General of [Land Affairs] Rural Development and Land Reform may with the consent of the Minister delegate to any officer of the State or a regional land claims commissioner any power delegated to the Director-General under subsection (3).
(5) Any delegation under subsection (3) or (4) may be made either in general or 25 in a particular case or in cases of a particular nature and on such conditions as may be determined by the Minister or the Director-General of [Land Affairs] Rural Development and Land Reform, as the case may be, and the Minister or the Director-General is not thereby divested of any power so delegated.".
Amendment of section 1 of Act 2 of 1995, as amended by section 1 of Act 52 of 1996 30
26. Section 1 of the Land Administration Act, 1995, is hereby amended by the substitution for the definitions of "Director-General" and "Minister" of the following definitions, respectively:
" 'Director-General' means the Director-General]: Land Affairs] of Rural Development and Land Reform; 35 'Minister' means the Minister of [Land Affairs] Rural Development and Land Reform;".
Amendment of section 1 of Act 3 of 1996, as amended by section 32 of Act 63 of 1997 and section 1 of Act 51 of 2001
27. Section 1 of the Land Reform (Labour Tenants) Act, 1996, is hereby amended— 40 (a) by the substitution for the words preceding paragraph (a) of the definition of
"Director-General" of the following words: " 'Director-General' means the Director-General of the Department of [Land Affairs] Rural Development and Land Reform or an officer—"; and 45
(b) by the substitution for the definition of "Minister" of the following definition:
" 'Minister' means the Minister of [Land Affairs] Rural Development and Land Reform;".
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Amendment of section 25 of Act 3 of 1996, as substituted by section 39 of Act 63 of 1997
28. Section 25 of the Land Reform (Labour Tenants) Act, 1996, is hereby amended by the substitution in subsection (3) for paragraph (e) of the following paragraph:
"(e) the Department of [Land Affairs] Rural Development and Land Reform.". 5
Amendment of section 42 of Act 3 of 1996
29. Section 42 of the Land Reform (Labour Tenants) Act, 1996, is hereby amended by the substitution for subsection (1) of the following subsection:
"(1) The Minister may, either in general or in a particular case or in cases of a particular nature, delegate any power conferred upon him or her by or under this 10 Act, except the powers conferred upon him or her by section 41, to any officer of the Department of [Land Affairs] Rural Development and Land Reform.".
Amendment of section 1 of Act 28 of 1996
30. Section 1 of the Communal Property Associations Act, 1996, is hereby amended by the substitution for the definitions of "Director-General", "Minister" and 15 "Registration Officer" of the following definitions, respectively:
" 'Director-General' means the Director-General]: Land Affairs] of Rural Development and Land Reform; 'Minister' means the Minister of [Land Affairs] Rural Development and Land Reform; 20 'Registration Officer' means an officer of the Department of [Land Affairs] Rural Development and Land Reform appointed by the Director-General as Registration Officer;".
Amendment of section 6 of Act 28 of 1996
31. Section 6 of the Communal Property Associations Act, 1996, is hereby amended 25 by the substitution for subsection (2) of the following subsection:
"(2) The Director-General shall, after receiving an application in terms of subsection (1), designate any officer in the Department of [Land Affairs] Rural Development and Land Reform or any other suitable person to provide the community with such assistance as may be required and available for the 30 preparation of a draft constitution.".
Amendment of section 15 of Act 28 of 1996, as amended by section 6 of Act 61 of 1998
32. Section 15 of the Communal Property Associations Act, 1996, is hereby amended by the substitution in subsection (1) for paragraph (a) of the following paragraph: 35
"(a) delegate to any officer of the Department of [Land Affairs] Rural Development and Land Reform or, with the prior approval of the Premier of the province concerned, to any officer in the service of that provincial government, any power conferred upon him or her by or under this Act, either generally or in a particular case;". 40
Amendment of section 1 of Act 31 of 1996
33. Section 1 of the Interim Protection of Informal Land Rights Act, 1996, is hereby amended by the substitution for the definition of "Minister" of the following definition:
" 'Minister' means the Minister of [Land Affairs] Rural Development and Land Reform;". 45
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Amendment of section 1 of Act 8 of 1997, as amended by section 8 of Act 61 of 1998, section 110 of Act 28 of 2002 and section 46 of Act 11 of 2004
34. Section 1 of the Land Survey Act, 1997, is hereby amended by the substitution for the definitions of "Department" and "Minister" of the following definitions, respectively: 5
" 'Department' means the Department of [Land Affairs] Rural Development and Land Reform; 'Minister' means the Minister [for Agriculture and Land Affairs] of Rural Development and Land Reform;".
Amendment of section 1 of Act 62 of 1997, as amended by section 20 of Act 61 of 10 1998 and section 6 of Act 51 of 2001
35. Section 1 of the Extension of Security of Tenure Act, 1997, is hereby amended by the substitution for the definitions of "Director-General" and "Minister" of the following definitions, respectively:
" 'Director-General' means the Director-General of the Department of [Land 15 Affairs] Rural Development and Land Reform or an officer of that Department who has been designated by the said Director-General either generally or in respect of a particular case, or in respect of cases of a particular nature; 'Minister' means the Minister [responsible for Land Affairs] of Rural Development and Land Reform or an officer of the Department of [Land Affairs] 20 Rural Development and Land Reform who has been designated by the Minister either generally or in respect of a particular case, or in respect of cases of a particular nature: Provided that the powers referred to in section 28 shall be excluded from any such designation;".
Amendment of section 9 of Act 62 of 1997, as amended by section 10 of Act 11 of 25 2000
36. Section 9 of the Extension of Security of Tenure Act, 1997, is hereby amended— (a) by the substitution in subsection (2)(d) for subparagraph (iii) of the following
subparagraph: "(iii) the head of the relevant provincial office of the Department of 30
[Land Affairs] Rural Development and Land Reform, for informa­ tion purposes,"; and
(b) by the substitution for the proviso to subsection (2) of the following proviso: "Provided that if a notice of application to a court has, after the termination of the right of residence, been given to the occupier, the 35 municipality and the head of the relevant provincial office of the Department of [Land Affairs] Rural Development and Land Reform not less than two months before the date of the commencement of the hearing of the application, this paragraph shall be deemed to have been complied with.". 40
Amendment of section 15 of Act 62 of 1997, as amended by section 26 of Act 61 of 1998
37. Section 15 of the Extension of Security of Tenure Act, 1997, is hereby amended by the substitution for subsection (2) of the following subsection:
"(2) The owner or person in charge shall beforehand give reasonable notice of 45 any application in terms of this section to the municipality in whose area of jurisdiction the land in question is situated, and to the head of the relevant provincial office of the Department of [Land Affairs] Rural Development and Land Reform for his or her information.".
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Amendment of section 1 of Act 94 of 1998
38. Section 1 of the Transformation of Certain Rural Areas Act, 1998, is hereby amended by the substitution for the definition of "Minister" of the following definition:
" 'Minister' means the Minister [for Agriculture and Land Affairs] of Rural Development and Land Reform;". 5
Amendment of section 10 of Act 94 of 1998
39. Section 10 of the Transformation of Certain Rural Areas Act, 1998, is hereby amended by the substitution in subsection (2) for paragraph (d) of the following paragraph:
"(d) The Minister must inform the Minister for [Provincial Affairs and 10 Constitutional Development] Cooperative Governance and Traditional Affairs timeously of his or her intention to make a recommendation referred to in paragraph (c) to the President.".
Amendment of section 1 of Act 36 of 2002
40. Section 1 of the Planning Profession Act, 2002, is hereby amended by the 15 substitution for the definitions of "Department" and "Minister" of the following definitions, respectively:
" 'Department' means the [national department responsible for the planning profession] Department of Rural Development and Land Reform; 'Minister' means the Minister [responsible for the planning profession] of Rural 20 Development and Land Reform;".
Amendment of section 1 of Act 54 of 2003
41. Section 1 of the Spatial Data Infrastructure Act, 2003, is hereby amended by the substitution for the definitions of "Department" and "Minister" of the following definitions, respectively: 25
" 'Department' means the [national department responsible for Land Affairs] Department of Rural Development and Land Reform; 'Minister' means the [national Minister responsible for Land Affairs] Minister of Rural Development and Land Reform;".
Amendment of section 5 of Act 54 of 2003 30
42. Section 5 of the Spatial Data Infrastructure Act, 2003, is hereby amended by the substitution in subsection (2)(c) for subparagraph (ii) of the following subparagraph:
"(ii) the national department of [Provincial and Local Government] Cooperative Governance and Traditional Affairs;".
Short title 35
43. This Act is called the Rural Development and Land Reform General Amendment Act, 2011.