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Upgrading of Land Tenure Rights Act, 1991 (Act No. 112 of 1991)

Chapter 3 : Miscellaneous

19. Legal capacity of tribe to obtain property

 

(1) Any tribe shall be capable of obtaining land in ownership and, subject to subsection (2), of selling, exchanging, donating, letting, hypothecating or otherwise  disposing of it.

 

(2) Land obtained by any tribe by virtue of section 20 shall not during a period of ten years as from the commencement of this Act be sold, exchanged, donated, let or otherwise allocated by that tribe to any person who is not a member of that tribe, except on the authority of consent granted by a competent court.

 

(3) Consent in terms of subsection (2) shall not be granted unless the court is satisfied—
(a) that the relevant disposal is authorized by a tribal resolution;
(b) that the relevant disposal is not in conflict with the interests of the members of the tribe; and
(c) that satisfactorily alternative residence is available for persons residing on the land concerned, if the relevant disposal results in those persons waiving their right to the occupation of such land.