KwaZulu-Natal Ingonyama Trust Amendment Act [No. 9 of 1997]
REPUBLIC OF SOUTH
GOVERNMENT GAZETTE
STAATSKOERANT
VAN DIE REPUBLIEK VAN SUID-AFRIKA
Registered at the Post Ojice as a Newspaper- As ‘n Nuusblad b! die Poska)itoor Gewgistreet
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VOL 382 CAPE TOW’N. 11 APRIL 1997
KAAPSTAD. 11 APRIL 1997 No. 17916
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PRESIDENT’S OFFICE
No. 562. 11 April 1997
It is hereby notified that the President has assented to the following Act which is hereby published for general informa[ion:—
No. 9 of 1997: KwaZulu-Natal [ngonyama Trust Amendment Act. 1997.
K. MSTOOR VAN DIE PRESIDENT
No. 562. 11 April 1997
Hierby w o r d bekend gemaak dat die P r e s i d e n t S} goedkwring geheg h e t am d i e onckrstaande \\”et ~!at hierby ter algemene inlig[ing gepubliseer \vord:-
No. 9 van 1997: W’ysigingswt op die K\vaZulu-Nat:il ingo- nyama Trust, 1997.
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. No. 17916 GOVERX\lEXT GAZETTE. 11 APRIL 1997
Act No. 9, 1997 KVYAZLILL’-NATAL INGONY’AMA TRUST A\lEWMENT ACT, 1997
GENERAL EXPLANATORY NOTE:
[ 1 Words in bold type in square brackets indicate omissions from existing enactments.
Words underlined with a solid line indicate insertions in existing enactments.
ACT To amend the KwaZulu Ingonyama Trust Act, 1994, enacted by the KwaZulu Legislative Assembly, so as to redefine “Ingonyama” and “Registrar” and to include certain additional definitions; to redefine and extend the categories of beneficiaries of the Trust; to create a board to administer the Trust and its assets in conjunction with the Ingonyama and in view thereof to repeal the Ingonyama’s power to delegate; to provide that Trust land shall be subject to national land programmed; to prohibit the infringement of existing rights; tore-assign functions in respect of certain land; to provide that the Act shall not apply to land in a township, in private ownership or intended for State domestic purposes; to provide for the vesting and transfer of land so excluded; to validate certain transactions in respect of Trust land prior to the amendment of the Act; and to provide for matters connected therewith.
(English te.rt signed by the President.) (Assented to 5 April 1997. )
B E IT ENACTED by the Parliament of the Republic of South Africa, asfollow’s:— Amendment of section 1 of Act 3 of 1994 (KwaZulu)
1. Section 1 of the KwaZulu tngonyarna Trust Act, 1994 (Act No. 3 of 1994). enacted by the KwaZulu Legislative Assembly (hereinafter referred to as [he principal Act), is 5 hereby anlended—
(a) by the insertion before the definition of “lngonyama” of the following definition:
“ “Amendment Act. 1997. ” means the KwaZulu-Na[al Ingonvama Trust Amendmenr Act. 1997;”: 10
(b) by the subs[i[ution for the definition of ‘Irgonyama’ of the following definition:
“’ ‘Irgonyama’ means a person referred [o in section 13 of the KwaZulu Amakhosi and Iziphakanyiswa Act. 1990 (Act No. 9 of 1990), or a person who acts on behalf of the Ingonyama in terms of Zulu indigenous 15 law [and “the King of the Zulus” has a corresponding meaning]. and foT the purposes of this Act excluding sections 2(3). 2(6). 2A(3). 3fi 3( 3 ) and 3(-I). means the board established b~ section 2A:”:
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Act No. 9.1997 KW’AZULLI-NATAL lXGOXYAMA TRUST AMENDMENT ACT. 1997
(c) by the insertion after the defini~ion of ‘Ingonyama’ of the following definitions:
“ ‘Minister’ means the Minister for Agriculture and Land Affairs of the National Government, or another Minister designated by the President; 5
“ ‘Premier’ means the Premier acting in consultation with the other members of the Executive Council of K-waZulu-Natal; ”;
(d) by the substitution for the definition of ‘Registrar’ of the following definition: “ ‘Registrar’ means [the Registrar of Deeds (Pjetermarit~blrr~) appo;nted in terms] a registra~ as defined in section 102 of the Dee~s Registries Act, 1937 (Act No. 47 of 1937):”: and
(e) by the i~sertion after the definition of ‘Registrar’ of the following definition: “ ‘township’ means any township established and approved or pro- claimed as such in terms-of anv law.”.
Amendment of section 2 of Act 3 of 1994
2. Section 2 of the principal Act is hereby amended— (a) by the substitution for subsection (1) of the following subsection:
“(1 ) A corporate body, to be called the Ingonyama Trust, hereafter referred to as the Trust, is hereby established with perpetual succession and power to sue and be sued [in its corporate name] and, subject to the provisions of this Act. to do all such acts and things as bodies corporate may lawfully do.”;
(b) by the substitution for subsection (2) of the folIowing subsection: “(2) The Trust shall. in a manner not inconsistent with the provisions
of this Act, be administered for the benefit, material welfare and social well-being of the members of the tribes and communities as contem- plated in the KwaZulu Amakhosi and Iziphakanyiswa Act, 1990 (Act No. 9 of 1990). referred to in the second column of the Schedu!e, established in a district referred to in the first column of the [said] Schedule [as well as the subjects of the Ingonyama] and the residents of such a district.”;
(c) by the substitution for subsection (3) of the following subsection: “(3) The Ingonyama shall be the [onlvl trustee of the Trust [, who
shall administ& t-he affairs of the Trust~~ which shall be adrninktered subject to the provisions of this Act [with the power to delegate any of his powers and functions as trustee to any other individual or an executive authority in KwaZuhr or Natal established by law, as he may deem expedient] bv the Ingonyama and the board established by section 2A of this Act.’”;
(d) b! the substitution for subsection (4) of the following subsection: “(4 ) The lngonyama [, as trustee,] may. subject [o the provisions of
this Act and an} other law. deal with the land referred to in section 3(1) in accordance with Zulu indigenous law or any other applicable law.~
(c) b> the substitution for subsection (5) of the following subsection: “ (5) The Ingonyama shall [, as trustee,] not encumber, pledge, lease,
alienate or otherwise dispose of any of the said land or any interest or real right in the land, unless he has obtained the prior written consent of the traditional authority [of the~ribe] or community authority concerned, [or of any other person who holds or has a right in or over that land] and otherwise than in accordance with the provisions of anv applicable law.”:
(f) b> th~ubstitution for subsection (6) of the fo]loW,lng subsection: ‘-(6) In dealing with any trust property the Ingonyama, as trustee. shall
be exempted from furnishing any form of security and the provisions of the Trust Monevs Protection .4ct. 1934 (Act No. 34 of 1934). and the Trust Propertv Control Act. 1988 (Act No. 57 of 1988). shall not apply.to the Ingonvama as tmstee or to the Ingonvama Trust established bv section 2(1 ),’”; and
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.Act No. 9.1997 KW.AZl_’LLi-iiAT.4L IXGOXY.4MA TRUST A,MEND\lEh’T ACT. 1997
(g) by the addition of the following subsections: “(7) Notwithstanding the provisions of this Act, any national
land reform programme established and implemented in terms of any law shall apply to the land referred to in section 3(1): Provided that the implementation of any such programme on the land referred to in section 5 3(I) shall be undertaken after consultation with the lngonyama.
(8) In the execution of his or her functions in terms of this section the In~onvama shall not infringe upon any existing rights or interests.”.
Insertion of section 2A in Act 3 of 1994
3. The following section is hereby inserted after section 2 of the principal Act:
“KwaZulu-Natal Ingonyama Trust Board
2A. (1) There is hereby established a board to be known as the KwaZulu-Natal Ingonyama Trust Board.
(2) The Board shall administer the affairs of the Trust and the trust land and without detracting from the generality of the aforegoing the Board may decide on and implement any encumbrance. pledge, lease. alienation or other disposal of any trust land, or of any interest or real right in such land.
(3) The Board shall consist of— (a) the Ingonyama or his or her nominee who shall be the chairperson of
the Board; and (b) four members appointed by the Minister after consultation with the
Ingonyama. the Premier and the chairperson of the House of Traditional leaders of KwaZulu-Natal: and
(c) four members appointed by the Minister, with due regard to regional interests, in consultation with the Premier, who shall consult with the lngonyama and the chairperson of the House of Traditional Leaders in this regard:
Provided that if a vacancy exists in respect of a member referred to in paragraph (b) or (c). this shall not prevent the Board from carrying out its functions: Provided further that the members appointed in terms of paragraphs (b) and (c) shall be appointed from amongst officers in the employ of the governments of the Republic of South Africa or the province of KwaZulu-Natal or from other persons who do not hold office in or on behalf of a political party or have a high political profile, who have knowledge and experience relevant to the administration of the trust land.
(4) The Minister shall designate one of the members of the Board appointed in terms of subsection (3)(b) as vice-chairperson of the Board.
(5) The Board may appoint one or more advisory committees to advise it regarding the performance of any of its functions.
(6) The Board may delegate or assign, subject to such conditions as the Board may determine. any of its powers generally or in a specific case, to a committee of the Board or a member of the Board or to an official in the public service, a local authority, or an official in the service of a local authority. or to a traditional authority.
(7) The Minister may make regulations as to— (a) the circumstances under which a member of the Board. appointed
under subsection (3)(b) or (c). shall vacate his or her office: (b) the manner in which meetings of the Board shall be convened; (c) the powers and duties of the chairperson. rice-chairperson and acting
chairperson at meetings of the Board: (d) the quorum and procedures for meetings of the Board: (e) the keeping of minutes, registers and records of the Board: ~ V) such other matters as are necessary or useful to be prescribed for the I
attainment of the objects of this Act, the generality of this provision ~ not being limited bv the provisions of the preceding paragraphs.’”. !
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Act NO. 9, 1997 KW’AZULU-NATAL INGONYAMA TRUST AMENDMENT ACT, 1997
Amendment of section 3 of Act 3 of 1994
4. Section 3 of the principal Act is hereby amended— (a) by the substitution for subsection (1) of the following subsection:
“(1 ) Notwithstanding the provisions of section 2 of the KwaZUlu Land Affairs Act, 1992 (Act No. 11 of 1992), or any other law— 5 (a)
(b)
any land or real right therein of which the ownership immediately prior to the date of commencement of this Act vested in or had been acquired by the Government of KwaZulu shall hereby vest in and be transferred to and shall be held in trust by the Ingonyama as trustee of the Ingonyama Trust referred to in section 2(1) for and on behalf 10 of the members of the tribes and communities and the residents referred to in section 2(2); [any land or real right therein of which the contro! immediately prior to the date of commencement of this Act vested in the Government of KwaZulu shall hereby be under the control of 15 the Ingonyama and shall be held as such in trust by the Ingonyama as trustee of the Ingonyama Trust referred to in section 2(1) for and on behalf of the said tribes and communi-
functions which, in res ect of land or an
‘ies]~
real right therein, were performed by a department of the 20 Government of KwaZulu in terms of any law immediately before the date of commencement of this Act, shall be performed by the national or provincial government department succeeding such KwaZulu de&irtment in~erms of the Constitution.”; -
(b) by the substitution for subsection (3) of the folIowing subsection: “(3) All land and real t-i~hts referred to in subsection (1 j shall be
transferred to the Ingonyama as trustee of the Ingonyama Trust referred to in section 2(1) for and on behalf of the members of the said tribes and communities and the said residents, without payment of transfer duty, stamp duty or any other fee or charge, but subject to any existing right or obligation on or over such land and subject also to the provisions of this Act,”; and
(c) by the substimtion for subsection (4) of the following subsection:
Amendment
“(4) The Registrar shall endorse the title deed to any land referred to in subsection ( 1 ) to the effect that the land referred to therein shall vest in the Ingonyama as trustee of the Ingonyama Trust referred to in section 2(1 ) for and on behalf of the members of the said tribes and communities and the said residents, and shall, in accordance with the provisions of the Deeds Registries Act, 1937 (Act No. 47 of 1937), make the necessary entries in his or her registers, and thereupon the said title deed shall serve and avail for all purposes as proof of the title of the Ingonyama in trust to the said land,”.
of section 4 of Act 3 of 1994
5. The following section is hereby substituted for section 4 of the principal Act:
“Administrative costs
4. The [Government of KwaZulu-Natal and its successors in-law shall out of funds in an annual budget voted for by its legislature provide for financial assistance to the Ingonyama as trustee] Depart- ment of Land Affairs shall bear the cost of the administration of the [Ingonyama Trust to administer the Trust] Board,”.
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Insertion of section 4A in Act 3 of 1994
6. The following section is hereby inserted after section 4 of the principal Act:
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Act NO. 9, 1997 KW’AZLTLU-NATAL INGONYAMA TRUST AMENDMENT ACT. 1997
“Application of Act, Savings and Validation
4A. (1) This Act shall not apply to land in a township or to private land or to land used for State domestic purposes before 24 April 1994.
(2) If any group of pieces of land, or of subdivisions of a piece of land, which vests in the Trust, is combined with public places and used mainly for residential, industrial, business or similar purposes, the Ingonyama may after consultation with the Premier request the competent provincial authority to declare or proclaim such land a township. - “
(3) Any allocation, transfer, alienation, mortgage or other transaction in respect of tenure rights relating to land referred to in section 3(2) which was effected during the period 24 April 1994 to the date of commencement o~ the Amendment Act, “1997, by any person or authority in good faith and purportedly in terms of— (a) the Regulations for the Administration and Control of Townships in
Black Areas (Proclamation R.293 of 1962); (b) the KwaZulu Land Affairs Act, 1992 (Act No. 11 of 1992); (c) a regulation issued in terms of that Act; or (d) any other law, shall be deemed to have been effected by the Ingonyarna in terms of section 2(4) and (5).
(4) Any land or real right in such land which, prior to the Amendment Act, 1997, vested in the Ingonyama in terms of section 3(1) and which has not been registered in private ownership, shall hereby— (a) if the land is situated in a township. vest in the local authority having
jurisdiction over such township; and (b) if the land was used for State domestic purposes before
24 April 1994. be deemed to have vested in the national government or in the provincial government of KwaZulu-Natal in accordance with section 239 of the Constitution of the Republic of South Africa, 1993 (Act No. 200 of 1993).
(5) Any land in a township or any real right in such land shall vest in the local authority having jurisdiction over such township- (a) if the township exists as such on the date of commencement of the
Amendment Act, 1997, on such date of commencement; and (b) if the township is established and approved or proclaimed as such after
the date of commencement of the Amendment Act, 1997, upon such establishment and approval or proclamation.
(6) The land or real rights referred to in subsections (3) and (4) shall be transferred or ceded from the Ingonyama Trust to the local authority or government concerned in accordance with the provisions of the Deeds Registries Act, 1937 (Act No. 47 of 1937), without payment of transfer duty, stamp duty or any other fee, but subject to any existing right or obligation on or over such land.
(7) Where the township referred to in subsection (3) or (4) comprises all the land held under a particular title deed. the Registrar of Deeds shall. notwithstanding the pr~visions of subsection (5), ‘on application by the local authority or government and on production of the title deed— (a) endorse the relevant title deed to the effect that the land or real right in
such township vests in such local authority or government: Provided that where the applicant is unable to produce such title deed such applicant shall produce to the Registrar an affidavit to his or her satisfaction that possession of the title deed could not be obtained and the Registrar sh-all thereupon endorse such vesting on the registry duplicate of such title deed, and if the original title deed is at any time lodged in his or her office for any purpose he or she shall.. make a similar endorsement thereon;
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Act No. 9, 1997 KW’AZL_LU-N.ATAL lNGOh’YANIA TRUST /WEND~ENT ACT. 1997
(b) make the necess~ entries in respect of the land or real right in such township in his or her registers in accordance with the provisions of the Deeds Registries Act, 1937 (Act No. 47 of 1937).
(8) Anything validly done in terms of a provision of this Act before the amendment or substitution of such provision by the Amendment Act, 1996, 5 shall remain valid notwithstanding such amendment or substitution, and any rights acquired thereby shall not be extinguished by such amendment or substitution.”.
Substitution of section 5 of Act 3 of 1994
7. The following section is h&eby substituted for section 5 of the principal Act: 10
“Short title
5. This Act shall be calied the [KwaZulu] KwaZulu-Natal Ingonyama Trust Act. 1994.”.
Short title
8. This Act shall be called the KwaZtrlu-Natal Ingonyama Trust Amendment Act, 15 1997, and shall come into operation on a date to be determined by proclamation by the President in the Gazette.