Land Reform: Provision of Land and Assistance Act, 1993 (Act No. 126 of 1993)

10. Provision of property for land reform purposes

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[Heading substituted by section 4 of Act No. 58 of 2008]

 

(1)The Minister may, from money appropriated by Parliament for the purpose of this Act—
(a)acquire property; and
(b)on such conditions as he or she may determine—
(i)make available state land administered or controlled by him or her or made available to him or her;
(ii)maintain, plan, develop or improve property or cause such maintenance, planning, development or improvement to be conducted by a person or body with whom or which he or she has concluded a written agreement for that purpose;
(iii)provide financial assistance by way of an advance, subsidy, grant or otherwise to any person for the acquisition, maintenance, planning, development or improvement of property and for capacity building, skills development, training and empowerment; or
(iv)in writing authorise the transfer of funds to—
(aa)a provincial government;
(bb)a municipality;
(cc)any other organ of state; or
(dd)any other person or body recognised by the Minister for such purposes,

which he or she considers suitable for the achievement of the objects of this Act, whether in general, in cases of a particular nature or in specific cases.

 

(2)The laws governing land use, the subdivision or consolidation of land, or the establishment of townships, shall not apply to land contemplated in this Act unless the Minister directs otherwise in writing.

 

(3)The Minister shall have all the rights, powers and duties arising from or incidental to anything contemplated in this section and, without detracting from the generality of the aforegoing, may—
(a)maintain property, including state land;
(b)conduct a business or other economic enterprise; or
(c)exercise the rights of a holder of shares or a right in or to a juristic person, other entity or trust,

contemplated in subsection (1).

 

(4)Despite section 14 of the Deeds Registries Act, 1937 (Act No. 47 of 1937), and the provisions of any other law to the contrary, the transfer of ownership of any property contemplated in this Act—
(a)may be passed and registered directly from the owner of such property to a person to whom the Minister has disposed of such property; and
(b)shall be exempt from the payment of any transfer, stamp or other duty, fees of the deeds office or other charge.

 

[Section 10 substituted by section 4 of Act No. 58 of 2008]