Provision of Land and Assistance Amendment Act

Link to law: http://www.gov.za/documents/provision-land-and-assistance-amendment-act
Published: 2009-01-09

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Provision of Land and Assistance Amendment Act 58 of 2008


Government Gazette
REPUBLIC OF SOUTH AFRICA

Vol. 523 Cape Town 9 January 2009 No. 31788
THE PRESIDENCY No. 21 9 January 2009
It is hereby notified that the President has assented to the following Act, which is hereby published for general information:–
No. 58 of 2008: Provision of Land and Assistance Amendment Act, 2008.

2 No. 31788 GOVERNMENT GAZETTE, 9 JANUARY 2009
Act No. 58, 2008 PROVISION OF LAND AND ASSISTANCE AMENDMENT ACT, 2008
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 6 January 2009.)
To amend the Provision of Land and Assistance Act, 1993, so as to state the objects of the Act; to clarify and extend the application of the provisions on the acquisition, planning, development, improvement and disposal of property and the provision of financial assistance for land reform purposes; to provide for the maintenance of property for land reform purposes; and to provide for matters connected therewith.
E IT ENACTED by the Parliament of the Republic of South Africa, as follows:—
Amendment of section 1 of Act 126 of 1993, as amended by section 1 of Act 67 of 1995 and section 1 of Act 26 of 1998
1. Section 1 of the Provision of Land and Assistance Act, 1993 (hereinafter referred 5 to as the principal Act), is hereby amended—
(a) by the insertion before the definition of "deeds registry" of the following definition:
" 'agricultural enterprise' includes an enterprise engaged in activities pertaining to agricultural production and plantation, livestock produc- 10 tion, agricultural services, hunting, trapping and game propagation, forestry and logging, aquaculture and fishing and any property utilised to carry on that enterprise;";
(b) by the insertion after the definition of "deeds registry" of the following
" 'Department' means the National Department responsible for Land Affairs;";
(c) by the insertion before the definition of "Minister" of the following definition:
" 'enterprise' means an undertaking engaged in production or distribu- 20 tion of goods or services not for the sole purpose of own consumption;"; and
(d) by the insertion after the definition of "prescribed" of the following definition:
" 'property' includes movable or immovable, corporeal or incorporeal 25 property and includes shares, rights, title or interest in or to a juristic person, other entity or a trust;".
definition: 15
4 No. 31788 GOVERNMENT GAZETTE, 9 JANUARY 2009
Act No. 58, 2008 PROVISION OF LAND AND
ASSISTANCE AMENDMENT ACT, 2008
Insertion of section 1A in Act 126 of 1993
2. The following section is hereby inserted in the principal Act after section 1:
"Objects of Act
1A. The objects of this Act are to— (a) give effect o the land and related reform obligations of the State in terms of section 25 of the Constitution of the Republic of South Africa, 1996;
(b) effect, promote, facilitate or support the maintenance, planning, sustainable use, development and improvement of property contem­ plated in this Act;
(c) contribute to poverty alleviation; and (d) promote economic growth and the empowerment of historically
disadvantaged persons.".
Amendment of section 9 of Act 126 of 1993, as amended by section 68 of Act 67 of 1995 and section 4 of Act 26 of 1998 15
3. Section 9 of the principal Act is hereby amended by the repeal of subsection (8).
Substitution of section 10 of Act 126 of 1993, as substituted by section 5 of Act 26 of 1998
4. The following section is hereby substituted for section 10 of the principal Act:
"Provision of property for land reform purposes 20
10. (1) The Minister may, from money appropriated by Parliament for the purpose of this Act— (a) acquire property; and (b) on such conditions as he or she may determine—
(i) make available state land administered or controlled by him or her or made available to him or her;
(ii) maintain, plan, develop or improve property or cause such maintenance, planning, development or improvement to be conducted by a person or body with whom or which he or she has concluded a written agreement for that purpose;
(iii) provide financial assistance by way of an advance, subsidy, grant or otherwise to any person for the acquisition, mainte­ nance, planning, development or improvement of property and for capacity building, skills development, training and empow­ erment; or
(iv) in writing authorise the transfer of funds to— (aa) a provincial government; (bb) a municipality; (cc) any other organ of state; or (dd) any other person or body recognised by the Minister for
such purposes, which he or she considers suitable for the achievement of the objects of this Act, whether in general, in cases of a particular nature or in specific cases.
(2) The laws governing land use, the subdivision or consolidation of land, or the establishment of townships, shall not apply to land contem­ plated in this Act unless the Minister directs otherwise in writing.
(3) The Minister shall have all the rights, powers and duties arising from or incidental to anything contemplated in this section and, without detracting from the generality of the aforegoing, may—
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40
45
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Act No. 58, 2008 PROVISION OF LAND AND ASSISTANCE AMENDMENT ACT, 2008
(a) maintain property, including state land; (b) conduct a business or other economic enterprise; or (c) exercise the rights of a holder of shares or a right in or to a juristic
person, other entity or trust, contemplated in subsection (1).
(4) Despite section 14 of the Deeds Registries Act, 1937 (Act No. 47 of 1937), and the provisions of any other law to the contrary, the transfer of ownership of any property contemplated in this Act—
(a) may be passed and registered directly from the owner of such property to a person to whom the Minister has disposed of such 10 property; and
(b) shall be exempt from the payment of any transfer, stamp or other duty, fees of the deeds office or other charge.".
Insertion of section 10A in Act 126 of 1993
5. The following section is hereby inserted in the principal Act after section 10: 15
'Activities to be managed as separate unit
10A. (1) The Department must account for the acquisition, manage-
20
25
ment, disposal and leasing of property and the provision of financial assistance in terms of this Act through a trading entity established and operating in accordance with the requirements of the Public Finance Management Act, 1999 (Act No. 1 of 1999).
(2) The trading entity referred to in terms of subsection (1), once established, must maintain separate and itemised financial accounts and accounting records in respect of each agricultural enterprise or separately administered portion of immovable property which it acquires, manages, disposes of, or leases.".
Substitution of section 11 of Act 126 of 1993, as inserted by section 6 of Act 26 of 1998
6. The following section is hereby substituted for section 11 of the principal Act:
"Minister's power to dispose of [certain land] property 30
11. The Minister may, on such terms and conditions as he or she may deem fit, for the purposes of this Act, sell, exchange, donate [or], lease, award or otherwise dispose of or encumber any [land designated or acquired under] property contemplated in this Act or, if [the land] such property is no longer required for the purposes of this Act, for any other 35 purpose.".
Amendment of section 14 of Act 126 of 1993
7. Section 14 of the principal Act is hereby amended by the addition of the following paragraph:
"(g) the matters contemplated in section 10.". 40
Substitution of section 16 of Act 126 of 1993, as substituted by section 10 of Act 26 of 1998
8. The following section is hereby substituted for section 16 of the principal Act:
"Short title
16. This Act shall be called the Land Reform: Provision of Land and 45 Assistance Act, 1993.".
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Act No. 58, 2008 PROVISION OF LAND AND ASSISTANCE AMENDMENT ACT, 2008
Substitution of long title of Act 126 of 1993, as substituted by section 12 of Act 26 of 1998
9. The following long title is hereby substituted for the long title of the principal Act: "To provide for the designation of certain land; to regulate the subdivision of such land and the settlement of persons thereon; to provide for the [rendering 5 of financial assistance for the acquisition of land and to secure tenure rights] acquisition, maintenance, planning, development, improvement and disposal of property and the provision of financial assistance for land reform purposes; and to provide for matters connected therewith.".
Short title 10
10. This Act shall be called the Provision of Land and Assistance Amendment Act, 2008.