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

No. and year of law

Short title

Extent of amendment or repeal

Act No. 38 of 1927

Black Administration Act, 1927

Repeal of sections 6 and 7

Act No. 47 of 1937

Deeds Registries Act, 1937

"(d)ter register deeds of communal land rights as contemplated in the Communal Land Rights Act, 2004;

(d)ter(1A) register the conversion to full ownership of old and new order rights as contemplated in the Communal Land Rights Act, 2004;"

(d)ter(1B) register the cancellation of old order rights as contemplated in the Communal Land Rights Act, 2004;

"Registration of new order rights

16C. New order-rights shall be transferred by means of a Deed of Communal Land Right as contemplated in the Communal Land Rights Act, 2004."

3. Amendment of section 102-

(a) by the insertion after the definition of "court" of the following definition:

" ‘Deed of Communal Land Right’ means a deed of communal land right as defined in section 1 of the Communal Land Rights Act, 2004;"

(b) by the substitution for the definition of "general plan" of the following definition:

" ‘general plan’ means a plan which represents the relative positions and dimensions of two or more pieces of land and has been signed by a person recognized by law as a land surveyor, and which has been approved, provisionally approved or certified as a general plan by a surveyor-general or other officer empowered under any law so to approve, provisionally approve or certify a general plan, and includes a general plan or copy thereof prepared in a surveyor-general’s office and approved, provisionally approved or certified as aforesaid, or a general plan which has at any time prior to the commencement of this Act, been accepted for registration in a deeds registry or surveyor-general’s office, and includes a communal general plan as contemplated in the Communal Land Rights Act, 2004;"

(c) by the addition to the definition of "immovable property" of the following paragraph:

"(e) new order rights as contemplated in the Communal Land Rights Act, 2004;"; and

(d) by the substitution for the definition of "person" of the following definition:

" ‘person’, for the purpose of [the registration of immovable trust property only] any registration in terms of this Act, includes a trust and, for the purpose of the Communal Land Rights Act, 2004, includes a community;".

Act No. 112 of 1991

Upgrading of Land Tenure Rights Act, 1991

"25A. As from the coming into operation of the Communal Land Rights Act, 2004, this Act shall apply throughout the Republic.".

" 1 . Any quitrent title referred to in Proclamation 196 of 1920.

2. Any quitrent title referred to in Proclamation 170 of 1922."

Act No. 31 of 1996

Interim Protection of Informal Land Rights Act, 1996

Amendment of section 5 by the deletion of subsection (2).

Act No. 8 of 1997

Land Survey Act, 1997

Amendment of section 1 by the substitution for the definition of "general plan" of the following definition:

‘‘ ‘general plan’ means a plan which, representing the relative positions and dimensions of two or more pieces of land, has been signed by a person recognised under any law then in force as a land surveyor, or which has been approved or certified as a general plan by a Surveyor-General and includes a general plan or a copy thereof prepared in a Surveyor-General’s office and approved or certified as such or a general plan which has, prior to the commencement of this Act, been lodged for registration in a deeds registry or Surveyor-General’s office in the Republic or any area which became part of the Republic at the commencement of the Constitution, 1993 and, for the purposes of the Communal Land Rights Act, 2004, includes a communal general plan contemplated in that Act;".

No. and year of law

Short title

Extent of amendment or repeal

Act No. 3 KZ of 1994

KwaZulu-Natal Ingonyama Trust Act, 1994

"(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 contemplated in the KwaZulu Amakhosi and Iziphakanyiswa Act, 1990 (Act No. 9 KZ of 1990), referred to in the second column of the Schedule, established in a district referred to in the first column of the Schedule, and the residents of such a district to whom the land referred to in section 3 and the real rights and other rights in such land must, subject to this Act and any other law, be transferred.".

"(5) The Ingonyama shall 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 or community authority,] community concerned, and otherwise than in accordance with the provisions of any applicable law.".

No. and year of law

Short title

Extent of amendment or repeal

Act No. 39 of 1979

Bophuthatswana Land Control Act, 1979

Repeal of the whole

No. and year of law

Short title

Extent of amendment or repeal

Act No. 16 of 1986

Venda Land Control Act, 1986

Repeal of the whole

Proclamation 45 of 1990

Venda Land Affairs Proclamation, 1990

Repeal of sections 1 to 5, 8 to 13, 20 to 43 and so much of sections 6, 7 and 14 to 19 as has not been assigned to the government of Limpopo province under section 235(8) of the Constitution of the Republic of South Africa, 1993 (Act No. 200 of 1993).

No. and year of law

Short title

Extent of amendment or repeal

Act No. 14 of 1982

Ciskei Land Regulation Act, 1982

Repeal of the whole with effect from the date of registration of a community‘s community ruIes under section 19(1) of "this Act", but only within the area comprised of that community‘s communal land and with effect from the date on which Proclamation No. R. 188 of 1969 is repealed in that area.

No. and year of law

Short title

Extent of amendment or repeal

Act No. 15 of 1989

Qwaqwa Land Act, 1989

Repeal of the whole with effect from the date of registration of a community’s community rules under section 19(1) of "this Act", but only within the area comprised of that community’s communal land.

No. and year of law

Short title

Extent of amendment or repeal

Act No. 11 of 1992

KwaNdebele Land Tenure Act, 1992

So much as has not been repealed.

No and year of law

Short title

Extent of amendment or repeal

Proclamation 26 of 1936

Administrative Area Regulations – Unsurveyed Districts : Transkeian Territories

Repeal of the whole with effect from the date of registration of a community’s community rules under section 19(1) of "this Act", but only within the area comprised of that community’s communal land.