Statistics Act, 1999
R 385
Land Titles Adjustment Act, 1993 (Act No. 111 of 1993)9. Finding of commissioner |
| (1) | The commissioner shall, after the provisions of sections 6 and 7 have been complied with, consider each application submitted to him in terms of section 6 and, with due regard to all the circumstances, including any objections lodged in terms of section 7 and the result of any investigation conducted by the commissioner under section 8, but subject to the provisions of section 12, make such finding as in his opinion is justified with reference to the claim of the applicant concerned to be registered as an owner in respect of the designated land concerned, or of an undivided share in or a defined portion of such land. |
| (2) | The commissioner shall advise the applicant concerned of his finding under subsection (1) by written notice, which shall be handed to the applicant or sent to him by registered post, and shall in such notice inform the applicant— |
| (a) | that, if he is not satisfied with the finding, he may within 60 days from a date mentioned in the notice, in writing request the commissioner to reconsider the finding on grounds which shall be set out fully in the request; |
| (b) | if, according to the finding, the applicant is entitled to be registered as the owner of the land concerned, or an undivided share in or a defined portion of such land, that such finding may yet be amended, set aside or substituted under subsection (5)(b); |
| (c) | that the findings of the commissioner are subject to the provisions of section 12(1). |
| (3) | If any applicant requests the commissioner as contemplated in subsection 2(a), to reconsider a finding— |
| (a) | the commissioner may, if he is of the opinion that reconsideration of the finding on the grounds set out in the request will serve no useful purpose, refuse the request by written notice, which shall be handed to the applicant or sent to him by registered post; |
| (b) | the commissioner shall, if he does not refuse the request under paragraph (a)— |
| (i) | convene a meeting at a place in the district in which the designated land concerned is situated, for the hearing by him of such further evidence or such representations as the applicant who made the request or any other applicant whose rights, as determined by the commissioner under subsection (1), may be affected if the finding to which the request relates is amended, set aside or substituted under subsection (5)(a), may wish to submit or make to the commissioner; |
| (ii) | inform the applicant who made the request and every such other applicant as is referred to in subparagraph (i), of the date (which shall be a date not earlier than 30 days after the date of the written notice referred to in this subparagraph), time, place and purpose of the meeting by written notice, which shall be handed to him or sent to him by registered post together with, in the case of a notice to any such other applicant, a copy of the written request concerned; |
| (iii) | afford each applicant concerned, at his request, a reasonable opportunity to inspect the relevant documents in the possession of the commissioner and indicated by the applicant, or to make copies thereof or extracts therefrom, before the day of the meeting. |
(4)
| (a) | At the meeting the commissioner shall, at the request of any applicant referred to in subsection (3) who is present at the meeting or, in the case of an applicant so referred to who is not present at the meeting, at the request of any person authorized in writing by such applicant as his representative and who is present at the meeting, afford the applicant concerned or such person, as the case may be, a reasonable opportunity to submit any further relevant evidence or make representations to the commissioner. |
| (b) | The commissioner may at his discretion refuse to hear any such evidence of any person or of any particular person unless it is given under oath or solemn affirmation, which may be administered by the commissioner. |
| (5) | The commissioner may, with due regard to the further evidence and representations (if any) submitted or made to him in terms of subsection (4), but subject to the provisions of section 12— |
| (a) | confirm, amend, set aside or substitute by another finding, the finding in respect of which the request has been made; |
| (b) | in so far as it may be necessary as a result of an amendment, setting aside or substitution under paragraph (a), amend, set aside or substitute by another finding, any other finding made by him under subsection (1) and in respect of which a notice has been furnished in terms of subsection (3)(b)(ii) to the applicant concerned. |
| (6) | If the commissioner has confirmed, amended, set aside or substituted a finding under subsection (5), he shall advise the applicant concerned thereof by written notice, which shall be handed to the applicant or sent to him by registered post. |
