Land Affairs General Amendment Act
This provision amends section 10 of the Deeds Registries Act, 1937, by replacing paragraph (b) about deeds registry fees and how payment may be enforced.
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- South Africa
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- Act or statute
- Citation
- Act 11 of 2000
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- en
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About this statute
This provision amends section 10 of the Deeds Registries Act, 1937, by replacing paragraph (b) about deeds registry fees and how payment may be enforced. Certain provincial acts done in the stated period are treated as valid under the Act. The Minister may issue a Gazette notice to set conditions for use of designated land and later change, withdraw, or let those conditions lapse. This section amends section 22 of the Restitution of Land Rights Act, 1994 by replacing paragraph (cC). The Minister of Justice must second the necessary number of High Court judges to the Court, the Minister may ask for an acting judge, the President may designate one judge to act as President, and certain unfinished proceedings must be completed by the judge involved.
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Provisions of Land Affairs General Amendment Act
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Section 10 of the Deeds Registries Act, 1937, is hereby amended by the substitution
This provision amends section 10 of the Deeds Registries Act, 1937, by replacing paragraph (b) about deeds registry fees and how payment may be enforced.
1. Section 10 of the Deeds Registries Act, 1937, is hereby amended by the substitution for paragraph (b) of subsection (1) of the following paragraph: “w’:’ 4 No. 21028 GOVERNMENT GAZE~E, 24 MARCH 2000 Act No. 11,2000 LAND AFFAIRS GENERAL AMENDMENT ACT, 2000 “(b) the fees of office (if any) to be charged in respect of any act, matter or thing required or permitted to be done in or in relation to a deeds registry, including any report made to the court by the registrar [in connection with any ap-plication or action to which he is not a party] in terms of this Act and the manner in which the payment of the fees maybe enforced, which may include the suspension of lodgement or lodgement facilities for deeds or any other document by any person in default of payment of such fees.”. 5 Amendment of section 39 of Act 11 of 1992, as amended by section 1 of Act 48 of 1998 2. (1) Section 39 of the KwaZulu Land Affairs Act, 1992. is hereby amended by the 10 substitution for subsection (3) of the following subsection: “(3) Anything purporting to have been done in terms of this Act on or after - 27 Verify source ↗
April 1994 and prior to the commencement of the KwaZdu Land Affairs
Certain provincial acts done in the stated period are treated as valid under the Act.
27 April 1994 and prior to the commencement of the KwaZdu Land Affairs Amendment Act, 1998 (Act No. 48 of 1998), and which could have been done in terms of this Act [by any Premier or any member of the Executive Council of the province of KwaZulu-Natal or any employee of the provincial administra- tion of that province] had this Act been assigned [to the provincial executive or an authority within the provincial executive of that province] as contemplated in the Constitution or had any power by or under this Act been delegated as contemplated in section 2 of the Land Administration Act, 1995 (Act No. 2 of 1995), is hereby deemed to have been done validly in terms of this Act.”. 15 20 (2) Subsection (1) shall be deemed to have come into operation on 11 September 1998. Amendment of section 2 of Act 126 of 1993, as substituted by section 2 of ‘Act 26 of 1998 25 - 3 Verify source ↗
Section 2 of the Provision of Land and Assistance Act, 1993, is hereby amended by
The Minister may issue a Gazette notice to set conditions for use of designated land and later change, withdraw, or let those conditions lapse.
3. Section 2 of the Provision of Land and Assistance Act, 1993, is hereby amended by the substitution for subsection (3) of the following subsection: “(3) The Minister may by notice in the Gazette— (a) impose conditions for the use of the land designated under subsection (1); and (b) amend, withdraw or provide for the lapsing of any condition contemplate~ 30 paragraph (a).”. Amendment of section 22 of Act 22 of 1994, as amended by section 1 of Act 84 of 1995, section 10 of Act 78 of 1996 and section 13 of Act 63 of 1997 - 4 Verify source ↗
Section 22 of the Restitution of Land Rights Act, 1994, is hereby amended by the
This section amends section 22 of the Restitution of Land Rights Act, 1994 by replacing paragraph (cC).
4. Section 22 of the Restitution of Land Rights Act, 1994, is hereby amended by the substitution in subsection (1) for paragraph (cC) of the following paragraph: ‘(cC) to determine any matter involving the interpretation or applica- tion of this Act or the Land Reform (Labour Tenants) Act, 1996 (Act No. 3 of 1996), with the exception of matters relating to the definition of ‘occupier’ in section 1(1) of the Extension of Security of Tenure Act, 1997 (Act No. 62 of 1997);”. 35 40 Insertion of section 26A in Act 22 of 1994 - 5 Verify source ↗
The following section is hereby inserted in the Restitution of Land Rights Act,
The Minister of Justice must second the necessary number of High Court judges to the Court, the Minister may ask for an acting judge, the President may designate one judge to act as President, and certain unfinished proceedings must be completed by the judge involved.
5. The following section is hereby inserted in the Restitution of Land Rights Act, 1994, after section 26: “Secondment of judges and appointment of acting judges to Land Claims Court 45 26A. ( I ) Notwithstanding sections 22(3), (4), (5), (6), (7), (8) and (9), 23, 25 and 26, the Minister of Justice must, fifter consultfition with the Minister, at the expiry of the fixed term contemplated in section 22(5) 6 No. 21028 Act No. 11,2000 LAND A~AIRS GENERAL AMENDMENT ACT, 2000 GOVERNMENT GAZE~, 24 MARCH 2000 cause such number of judges of the High Court as may be necessary to be seconded to serve as judges of the Court. (2) The Minister may request the Minister of Justice to appoint an acting judge of the Court in accordance with section 175(2) of the Constitution for such period as may be necessary. (3) The President of the Republic shall, after consultation with the Minister of Justice, designate one of the seconded judges or an acting judge appointed under subsection (2), to act as President of the Court. (4) Proceedings in which— (a) a seconded judge or acting judge has participated and which have not been disposed of during the secondment or the term of service or, having been disposed of before or after such secondment or term, are reopened; or (b) a judge of the Court appointed under section 22 has participated and which have not been disposed of at the expiry of the fixed term contemplated in subsection (1) or, having been disposed of before or after such exDiv, are reopened, .- must be disposed of by that ju-dge.”. 5 10 15 Amendment of section 13 of Act 3 of 1996, as substituted by section 34 of Act 63 of 1997 20 - 6 Verify source ↗
Section 13 of the Land Reform (Labour Tenants) Act, 1996, is hereby amended by
This section amends section 13 of the Land Reform (Labour Tenants) Act, 1996 by replacing the opening words of subsection (1A).
6. Section 13 of the Land Reform (Labour Tenants) Act, 1996, is hereby amended by the substitution in subsection (1A) for the words preceding paragraph (a) of the following words: “[Ifl With the exception of issues concemin g the definition of ‘occupier’ in section 1(1) of the Extension of Security of Tenure Act, 1997 (Act No. 62 of 1997), if an issue arises in a case in a magistrate’s court or a High Court which requires that court to interpret or apply thi~Act and-”. Amendment of section 16 of Act 3 of 1996 - 7 Verify source ↗
Section 16 of the Land Reform (Labour Tenants) Act, 1996, is hereby amended by
This section amends section 16 so that the right to apply for the land, related land rights, and servitudes lapses unless an application is lodged with the Director-General in time.
7. Section 16 of the Land Reform (Labour Tenants) Act, 1996, is hereby amended by the substitution in subsection (1) for the proviso of the following proviso: “Provided that the right to apply to be awarded such land, rights in land and servitudes shall lapse if no application is lodged with the Director-General in terms of section 17 [within four years of the commencement of this Act] on or before 31 March 2001.”. Amendment of section 33 of Act 3 of 1996, as amended by section 42 of Act 63 of 1997, section 5 of Act 61 of 1998 and section 13 of Act 18 of 1999 25 30 35 - 8 Verify source ↗
Section 33 of the Land Reform (Labour Tenants) Act, 1996, is hereby amended by
This section amends section 33 of the Land Reform (Labour Tenants) Act, 1996 by adding a new rule for eviction proceedings.
8. Section 33 of the Land Reform (Labour Tenants) Act, 1996, is hereby amended by the insertion in subsection (1) after paragraph (eA) of the following paragraph: “(eB) in proceedings for the eviction of a person averred to be a labour tenant where it is not proved that such person is a labour tenant, m&e such order as it deems just.”. 40 Substitution of section 40 of Act 3 of 1996, as substituted by section 45 of Act 63 of 1997 - 9 Verify source ↗
The following section is hereby substituted for section 40 of the Land Reform
This section substitutes a new section 40, titled “Non-application of certain laws,” for the existing section 40.
9. The following section is hereby substituted for section 40 of the Land Reform (Labour Tenants) Act, 1996: 45 “Non-application of certain laws - 40 Verify source ↗
If the Court or an arbitrator orders, or if the Director-General certifies
If a court, arbitrator, or the Director-General certifies the award, the land is not subject to land-subdivision laws.
40. If the Court or an arbitrator orders, or if the Director-General certifies in terms of section 18(5), that any land or right in land or servitude be ---- 8 No. 21028 GOVERNMENT GAZE~E, 24 MARCH 2000 Act No. 11,2000 LAND A~AIRS GENERAL AMENDMENT ACT, 2~ awarded to an applicant, the land in question shall not be subject to [the provisions of the Subdivision of Agricultural Land Act, 1970 (Act No. 70 of 1970), or] any [other] law regulating the subdivision of land.”. Amendment of section 9 of Act 62 of 1997, as amended by section 28 of Act 61 of 1998 5 - 10 Verify source ↗
Section 9 of the Extension of Security of Tenure Act, 1997, is hereby amended by
The Court must request a report from a probation officer or other state officer within a reasonable period.
10. Section 9 of the Extension of Security of Tenure Act, 1997, is hereby amended by the addition of the following subsection: “(3) For the purposes of subsection (2)(c) , the Court must request a probation officer contemplated in section 1 of the Probation Sewices Act, 1991 (Act No. 116 of 1991), or an officer of the department or any other officer in the employment of the State, as may be determined by the Minister, to submit a report within a reasonable period— (a) on the availability of suitable alternative accommodation to the occupier; (b) indicating how an eviction will affect the constitutional rights of any affected person, including the rights of the children, if any, to education; (c) pointing out any undue hardships which an eviction would cause the occupier; 10 15 and (d) on any other matter as may be prescribed.”. Amendment of section 19 of Act 62 of 1997, as amended by section 28 of Act 61 of 1998 20 - 11 Verify source ↗
Section 19 of the Extension of Security of Tenure Act, 1997, is hereby amended—
Eviction orders covered by this amendment must be automatically reviewed by the Land Claims Court, and the eviction order is suspended while that review is pending.
11. Section 19 of the Extension of Security of Tenure Act, 1997, is hereby amended— (a) by the substitution in subsection (3) for the words preceding paragraph (a) of the following words: “Any order for eviction by a magistrate’s court in terms of this Act, in respect of proceedings instituted on or before [31 December 1999] a date to be determined by the Minister and published in the Gazette, shall be subject to automatic review by the Land Claims Court, which may—”; and 25 (b) by the insertion after subsection (4) of the following subsection: “(5) Any order for eviction contemplated in subsection (3) shall be 30 suspended pending the review thereof by the Land Claims Court.”. Amendment of section 20 of Act 62 of 1997, as amended by section 29 of Act 61 of 1998 - 12 Verify source ↗
Section 20 of the Extension of Security of Tenure Act, 1997, is hereby amended
This amendment says the Land Claims Court has the powers in subsection (1), subject to sections 17(2) and 19(1), and excluding any court mentioned in section 166(c), (d) or (e) of the Constitution.
12. Section 20 of the Extension of Security of Tenure Act, 1997, is hereby amended by the substitution for subsection (2) of the following subsection: “(2) Subject to [the provisions of section] sections 17(2) and 19(1), the Land Claims Court shall have the powers set out in subsection(1) to the exclusion of any court contemplated in section 166(c), (d) or (e) of the Constitution.”. Amendment of section 2 of Act 94 of 1998 - 13 Verify source ↗
Section 2 of the Transformation of Certain Rural Areas Act, 1998, is hereby
If all the land under a title deed vests in a municipality, the registrar of deeds must make the related register entries and title deed endorsements needed to give effect to that vesting.
13. Section 2 of the Transformation of Certain Rural Areas Act, 1998, is hereby amended by the addition of the following subsection, the existing section becoming subsection (1):, “(2) If the ownership of all the land held under a title deed vests in a municipality in terms of subsection (1), the registrw of deeds concerned must m~e such alterations and entries in his or her registers and such endorsements on any such title deed in terms of the second proviso to section 16 of the Deeds Registries Act, 1937 (Act No. 47 of 1937), as are necessary to give effect to such vesting.”. 35 40 45 Short title 14. (1) This Act shall be called the Land Affairs General Amendment Act, 2000. (2) Section 11((/) shall be deemed to have come into operation on 1 January 2000. 50
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