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

6. Application for allocation and transfer of designated land

 

 

(1) The commissioner concerned shall cause to be published in a newspaper circulating in the district in which the designated land concerned is situated, or in the Gazette, a notice calling upon every person who claims to have acquired a right, by hereditary succession or otherwise, to be registered as an owner in respect of such land and who is not so registered, to submit to the commissioner, within the period of two months following the day upon which the notice has appeared, an application for the allocation and transfer to him in terms of this Act of the designated land in respect of which he claims such right, or of an undivided share in or a defined portion of such land, supported by sworn or solemnly affirmed declarations by the persons alleging those facts, and by such documents as the applicant may be able to submit, including any title deed in respect of the land concerned that he may have in his possession.

 

(2) As soon as practicable after the date upon which the notice referred to in subsection (1) has appeared, the commissioner shall—
(a) send a copy of the notice by registered post to every person referred to in that subsection whose name and address are known to the commissioner;
(b) if he is of the opinion that any further notice will be necessary to ensure that the persons concerned will receive adequate notice, give such further notice as he may deem necessary in the circumstances and which may include—
(i) a further notice in a newspaper, or a notice in a magazine or on the radio or television;
(ii) a notice in the Gazette;
(iii) the sending of further copies of the notice referred to in subsection (1), whether by registered post or not;
(iv) an oral notice;
(v) the display of a notice at a suitable place on the designated land;
(vi) the display of a notice on a public building.

 

(3)

(a) An application in terms of subsection (1) shall be in writing and shall set out clearly and concisely the facts upon which that application is based, and a declaration referred to in that section shall also be in writing.
(b) Notwithstanding the provisions of paragraph (a), an application or a declaration may, with the leave of the commissioner, be made orally.
(c) An application or a declaration which is made orally shall be reduced to writing by the commissioner, or a person designated by the commissioner.

 

(4) The Director-General shall, upon the request of any person who desires to make an application or a declaration in terms of subsection (1), reduce such application or declaration to writing or cause it to be reduced to writing.

 

(5)

(a) If the commissioner has reason to suspect that any person who is subject to some form of legal disability or other and who can claim such a right as is referred to in subsection (1), has not submitted an application as contemplated in that subsection and that no such application has been submitted on his behalf, the commissioner may, if he deems it necessary in a particular case, take such steps as he may deem expedient in order to cause such an application to be submitted by or on behalf of the person concerned.
(b) The commissioner may receive any application submitted in terms of paragraph (a) also after the expiration of the period referred to in subsection (1).
(c) If the commissioner is unable to cause an application to be submitted by or on behalf of the person concerned, he shall record the facts on which that person’s claim to such right is based.
(d) The record contemplated in paragraph (c) shall for the purposes of this Act be deemed to be an application submitted to the commissioner on behalf of the person concerned in terms of this subsection.

 

(6)

(a) The commissioner may allow an application in terms of subsection (1) to be submitted after the expiry of the period referred to in that subsection if—
(i) the person submitting such application obtained his right to be registered as an owner of the land prior to the date on which such land was designated in terms of section 2(1); and
(ii) the reasons why the application was not submitted within the period mentioned in subsection (1) are presented to the commissioner.
(b) The commissioner shall, on receipt of an application submitted in terms of paragraph (a), make such application known in any manner the commissioner deems fit, and shall in such publication call upon any person who wishes to object to the granting of the application so received to submit his objections to the commissioner in the manner prescribed by section 7(1)(b), within 30 days of the commissioner’s publication of such application.
(c) The application referred to in paragraph (a) shall for the purposes of this Act be deemed to be an application submitted to the commissioner in terms of subsection (1).