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

5. Registration of provisional association
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(1)A community may apply to the Director-General for the registration of a provisional communal property association.

 

(2)An application for registration in terms of subsection (1) shall contain—
(a)the intended name of the provisional association;
(b)information demonstrating that the community is a community as contemplated in section 2;
(c)a clear identification of any land or right to land or other right which may be acquired by the provisional association;
(d)a list of names and, where readily available, identity numbers of the intended members of the provisional association: Provided that where it is not reasonably possible to provide the names of all the intended members concerned, the application shall contain—
(i)principles for the identification of other persons entitled to be members of the provisional association; and
(ii)a procedure for resolving disputes regarding the right of other persons to be members of the provisional association;
(e)a list of the names of the interim committee democratically elected to represent the provisional association during the period prior to registration as an association;
(f)an undertaking signed by the members of the interim committee that, pending the adoption of the final constitution by the members of the provisional association in terms of section 7 and the registration thereof in terms of section 8, the provisional association will comply with the principles as stated in section 9;
(g)any other information reasonably required by the Director-General relating to the right to occupy and use land and the settlement of the community on such land.

 

(3)If the Director-General is satisfied that the provisional association qualifies for registration under this Act, he or she shall refer the application and his or her written consent to the Registration Officer, who shall register the provisional association in the prescribed manner, allocate a registration number and issue a provisional communal property association certificate to such provisional association.

 

(4)Upon registration of a provisional association—
(a)the provisional association may acquire a right to occupy and use land for a period of 12 months from the date of registration of the provisional association: Provided that the Director-General may extend the period of 12 months for a further period of 12 months only if he or she extends the period referred to in subsection (5) for a further period of 12 months;
(b)the provisional association shall not, until the registration of an association in terms of this Act, in any way alienate such right in land;
(c)the provisional association shall be a juristic person with the capacity to sue or be sued.

 

(5)If any provisional association fails to adopt a constitution within 12 months from the date of registration of a provisional association, the Minister may approve a draft constitution prepared by the Director-General for such provisional association, and cause the provisional association to be registered as an association in terms of this Act: Provided that the Director-General may extend the period of 12 months for a further period of 12 months if there is good cause for him or her to do so.