Communal Property Associations Act, 1996 (Act No. 28 of 1996)

1. Definitions

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In this Act, unless the context indicates otherwise—

 

"association"

means a communal property association which is registered or qualifies for registration in terms of section 8;

 

"authorised officer"

means a person designated as such by the Director-General;

 

"committee"

means a committee elected by the members of an association to manage the affairs of that association;

 

"community"

means a group of persons, which wishes to have its rights to or in particular property determined by shared rules under a written constitution and which wishes or is required to form an association as contemplated in section 2;

 

"constitution"

means a constitution adopted in terms of section 7 by an association;

 

"Director-General"

means the Director-General of Rural Development and Land Reform;

[Definition substituted by section 30 of Notice No. 427, GG 34300, dated 16 May 2011 (Rural Development and Land Reform General Amendment Act, 2011)]

 

"holding of property in common"

means the acquisition, holding and management of property by an association on behalf of its members, in accordance with the terms of a constitution;

 

"interim committee"

means an interim committee referred to in section 5(2)(e);

 

"members"

means the members of an association or the members of a community, as the case may be, including members who comply with the provisions of paragraph (i) of item 5 of the Schedule, and for the purposes of sections 12, 13 and 14, shall mean those members whose names appear on a list contemplated in the said item 5;

 

"Minister"

means the Minister of Rural Development and Land Reform;

[Definition substituted by section 30 of Notice No. 427, GG 34300, dated 16 May 2011 (Rural Development and Land Reform General Amendment Act, 2011)]

 

"prescribed"

means prescribed by regulation;

 

"property"

includes movable and immovable property and any right or interest in and to movable or immovable property or any part thereof;

 

"provisional association"

means a provisional communal property association registered under section 5;

 

"register"

means the register contemplated in section 8(3)(b);

 

"Registration Officer"

means an officer of the Department of Rural Development and Land Reform  appointed by the Director-General as Registration Officer;

[Definition substituted by section 30 of Notice No. 427, GG 34300, dated 16 May 2011 (Rural Development and Land Reform General Amendment Act, 2011)]

 

"similar entity"

means a trust, association of persons or company registered in terms of section 21 of the Companies Act, 1973 (Act No. 61 of 1973);

 

"this Act"

includes any regulations made in terms of this Act.