Communal Land Rights Act, 2004 (Act No. 11 of 2004)Chapter 5 : The conduct of land rights enquiry17. Powers and duties of land rights enquirer |
| 1) | A land rights enquirer must conduct a land rights enquiry in the prescribed manner, which must be open and transparent and must afford the communities and persons who may be affected by such enquiry an opportunity to participate in such enquiry. |
| 2) | A land rights enquirer must adopt measures to ensure that decisions made by a community are in general the informed and democratic decisions of the majority of the members of such community who are 18 years of age or older and are present or represented by a proxy at a community meeting of which adequate notice of not less than 21 days was given. |
| 3) | A land rights enquiry report contemplated in section 14(2) must- |
| a) | include recommendations in respect of the matters which require determinations to be made by the Minister; |
| b) | prior to being submitted to the Minister, be made available on adequate notice for inspection by any interested community or person who must be afforded an opportunity to make representations in relation to any matter relevant to such enquiry; and |
| c) | be submitted to the Minister together with any such representations and supporting documents for his or her consideration. |
| 4) | Whenever relevant to an enquiry, a land rights enquirer and any person assisting such enquirer, may in the prescribed manner and having regard to the constitutional rights of affected persons- |
| a) | compel the provision of written and verbal evidence; |
| b) | enter and search premises and take possession of documents and articles; and |
| c) | convene and attend meetings of interested persons. |
| 5) | A land rights enquirer has all other powers and duties which the Minister determines are necessary for the effective conduct of such enquiry. |