Land Titles Adjustment Act, 1993 (Act No. 111 of 1993)

2. Designation of certain land by Minister as land for purposes of this Act
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(1)If one or more persons claim ownership of land in respect of which a title deed has at any time been issued, or of undivided shares in or defined portions of such land, and the Minister is satisfied that any number of such persons do not have registered title deeds in respect of such land, or undivided shares in or defined portions of such land, by reason of the failure of any heir or other person preceding them to take transfer of any such land or undivided share, or to pass a deed of partition transfer in respect of any such defined portion, and—
(a)that the situation will progressively become worse as a result of the increase in the number of such persons who do not have registered title deeds in respect of the land concerned, or the undivided shares in or defined portions of the land concerned; or
(b)that the cost of acquiring in the usual manner registered title deeds in respect of the land concerned, or undivided shares in or defined portions of such land, would, with reference to any number of pieces of such land, or undivided shares in or defined portions of such land, be out of proportion to the value thereof,

and that in these circumstances the said land cannot be developed or utilized to the best advantage of the said persons, the Minister may, subject to the provisions of section 5(7), by notice in the Gazette designate such land or any part thereof as land which may be dealt with in accordance with the provisions of this Act.

 

(2)Notwithstanding the provisions of subsection (1) and any decision taken under that subsection, the Minister may by notice in the Gazette and with effect from a date mentioned in that notice withdraw from a designation under subsection (1) any piece of land which in the opinion of the Minister, formed after investigation by the commissioner concerned, should not be dealt with in accordance with the provisions of this Act by such commissioner.