Communal Property Associations Act, 1996 (Act No. 28 of 1996)2. Application of Act |
| (a) | which by order of the Land Claims Court is entitled to restitution under the Restitution of Land Rights Act, 1994 (Act No. 22 of 1994), where that Court has ordered restitution on condition that an association be formed in accordance with the provisions of this Act; |
| (b) | entitled to or receiving property or other assistance from the State in terms of an agreement or in terms of any law, on condition that an association be formed in accordance with the provisions of this Act; |
| (c) | approved by the Minister in terms of subsection (2), and to which any property has been donated, sold or otherwise disposed of by any other person on condition that an association be formed in accordance with the provisions of this Act; |
| (d) | approved by the Minister in terms of subsection (2), and which is a group acquiring land or acquiring rights to land and which wishes to form an association in accordance with the provisions of this Act. |
| (2) | The Minister may, with due regard to the objects of this Act, approve a community contemplated in paragraph (c) or (d) of subsection (1) for the purposes of this Act if he or she is satisfied that the community is disadvantaged and that it is in the public interest that such approval be given, having regard to the nature and current use of the land. |
| (3) | The Minister may on application by a similar entity, and having had due regard to the objects of this Act and the public interest, by notice in the Gazette, and subject to such qualifications or conditions as he or she may determine, make the provisions of section 8, 9, 10, 11, 12, 14 or 16, or any subsection thereof, applicable to such entity. |
| (4) | For the purposes of subsection (3), any reference to an association shall be deemed to be a reference to the entity in question. |
| (5) | Where a community has, prior to the commencement of this Act, established a similar entity through a democratic process, the Director-General may, if such community wishes to establish an association contemplated in this Act, exempt such community from such provisions of section 6, 7 or 8 as may place an unnecessary burden on the community, having regard to the procedure that was followed by the community in establishing such entity. |