Communal Land Rights Act, 2004 (Act No. 11 of 2004)

Chapter 1 : Definitions and Application of Act

1. Definitions

Purchase

In this Act, unless the context indicates otherwise-

"beneficial occupation"

means the occupation of land by a person for a continuous period of not less than five years prior to 31 December 1997 as if that person was the owner, without force, openly and without the permission of the owner, and "beneficially occupied" has a corresponding meaning;

"Board"

except in Chapter 9, means a Land Rights Board established in terms of section 25;

"communal land"

means land contemplated in section 2 which is, or is to be, occupied or used by members of a community subject to the rules or custom of that community;

"community"

means a group of persons whose rights to land are derived from shared rules determining access to land held in common by such group;

"community rules"

means the rules registered in terms of section 19(1);

"comparable redress"

means the redress contemplated in Chapter 4;

"Constitution"

means the Constitution of the Republic of South Africa, 1996 (Act No. 108 of 1996);

"Deed of Communal Land Right"

means a deed in terms of which a new order right is registered in the game of a person as contemplated in section 6;

"Deeds Registries Act"

means the Deeds Registries Act, 1937 (Act No. 47 of 1937);

"Department"

means the Department of Land Affairs;

"Director-General’’

means the Director-General of Land Affairs;

"land administration committee"

means a land administration committee established in terms of section 21;

"land rights enquirer"

means a land rights enquirer designated or appointed in terms of section 15;

"Minister"

means the Minister responsible for Land Affairs;

"new order right"

means a tenure or other right in communal or other land which has been confirmed, converted, conferred or validated by the Minister in terms of section 18;

"old order right"

means a tenure or other right in or to communal land which-

a)	is formal or informal;

b)	is registered or unregistered;

c)	derives from or is recognised by law, including customary law, practice or usage; and

d)	exists immediately prior to a determination by the Minister in terms of section 18, but does not include-

i)	any right or interest of a tenant, labour tenant, sharecropper or employee if such right or interest is purely of a contractual nature; and

ii)	any right or interest based purely on temporary permission granted by the owner or lawful occupier of the land in question, on the basis that such permission may at any time be withdrawn by such owner or lawful occupier;

"prescribed"

means prescribed by regulation in terms of this Act;

"this Act"

includes any regulations made under this Act; and

"traditional council"

means a traditional council as defined in section 1 of the Traditional Leadership and Governance Framework Act, 2003.