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

Chapter 6 : Content, making and registration of community rules

19. Content, making and registration of community rules
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1)A community whose communal land is, or is to be, registered in its name must in the prescribed manner, to which the provisions of section 17(1) and (2) read with the necessary changes apply, make and adopt its community rules and have them registered.

 

2)Community rules must, subject to any other applicable laws, regulate-
a)the administration and use of communal land by the community as land owner within the framework of law governing spatial planning and local government;
b)such matters as may be prescribed; and
c)any matter considered by the community to be necessary.

 

3)Community rules are binding on the community and its members and must be accessible to the public and are on registration deemed to be a matter of public knowledge.

 

4)
a)A community must apply to the Director-General for the registration of its adopted rules and he or she must refer such application to the Board having jurisdiction in the area for a report on the suitability of such rules.
b)The Director-General must consider the adopted community rules, any information submitted and the report of the Land Rights Board having jurisdiction in the area.
c)If the Director-General is satisfied that the adopted community rules comply with the requirements of the Constitution and this Act, a Registration Officer in the Department designated by her or him for that purpose must, in the prescribed manner, register such rules.
d)If the Director-General is not satisfied that community rules comply with the requirements and intention of the Constitution and this Act, she or he must notify the community of the steps to be taken to make such rules so comply.

 

5)Should a community fail to adopt and have community rules registered, the standard rules prescribed by regulation as adapted by the Minister to such community, are deemed to be the rules of such community and must be registered as the rules of such community.