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

1. Definitions

 

(1) In this Act, unless the context otherwise indicates—

 

"Administrator"

[Definition deleted by section 8(a) of the Land Affairs General Amendment Act, 1995, Notice No. 788, GG16448, 2 June 1995]

 

"community"

means a group of persons of which its members have or wish to have their rights to or in a particular piece of land determined by shared rules;

[Definition inserted by section 1(a) of the Upgrading of Land Tenure Rights Amendment Act, 1996, (Act No. 34 of 1996), Notice No. 1099, dated 3 July 1996]

 

"community resolution"

means any decision taken by a majority of the members of the community over the age of 18 years present or represented at a meeting convened for the purpose of considering the disposal of a right in land lawfully occupied by or allocated for the use of such community, of which they have been given sufficient notice, and in which they had a reasonable opportunity to participate;

[Definition inserted by section 1(a) of the Upgrading of Land Tenure Rights Amendment Act, 1996, (Act No. 34 of 1996), Notice No. 1099, dated 3 July 1996]

 

"Deeds Act"

means the Deeds Registries Act, 1937 (Act No. 47 of 15 1937);

 

"deeds registry"

means a deeds registry as defined in section 102 of the Deeds Act;

 

"erf"

in relation to a township, means any surveyed or any informally demarcated unit in the township or, if a general plan has been prepared for the township, any unit indicated on such general plan as an erf, plot or stand;

 

"formalized township"

means a township for which a general plan or general plans have been approved under a provision of any law and which—

(a) has been established or is deemed to have been established as a township under section 35 of the Black Communities Development Act, 1984 (Act No. 4 of 1984);
(b) has been established as a town under section 25 or 30 of the Black Administration Act, 1927 (Act No. 38 of 1927); or
(c) is for the purposes of Chapter 1 declared to be a formalized township under section 15(1);

 

"general plan"

means a plan representing the relative positions and dimensions of two or more pieces of land;

 

"land tenure right"

means any leasehold, deed of grant, quitrent or any other right to the occupation of land created by or under any law and, in relation to tribal land, includes any right to the occupation of such land under the indigenous law or customs of the tribe in question;

 

"Minister"

means the Minister of Regional and Land Affairs;

[Definition substituted by section 8(b) of the Land Affairs General Amendment Act, 1995, Notice No. 788, GG16448, 2 June 1995]

 

"Official Gazette"

means the Official or Provincial  Gazette of the province concerned;

 

"putative holder"

means the person who occupies an erf as if he or she is the holder of the land tenure right in respect of that erf but who is not formally recorded in the register of land rights as the holder of the right in question;

[Definition inserted by section 1(b) of the Upgrading of Land Tenure Rights Amendment Act, 1996,  (Act No. 34 of 1996), Notice No. 1099, dated 3 July 1996]

 

"register of land rights"
(a) in relation to a township in which a land tenure right mentioned in Schedule 1 or 2 has been granted in respect of any erf or other piece of land in the township in terms of a provision of any law, means the register compiled and written up in terms of a provision of any law as a record of the granting of such land tenure right in erven or other pieces of land in the township or, if such register has been compiled or updated for the township under section 18(1), the register so compiled or updated;
(b) in relation to a township on tribal land in which a land tenure right has been granted in respect of any erf or other piece of land in the township under the indigenous law  or customs of the tribe in question, means the register compiled under  section 18(2) as a record of the granting of such land tenure right in erven or other pieces of land in the township;
(c) in relation to a piece of land in respect of which a land tenure right mentioned in Schedule 1 or 2 has been granted under a provision of any law and which does not form part of a township, means the register compiled in terms of a provision of any law as a record of the granting of such land tenure right in such piece of land;

 

"title of land right"

in relation to any erf or any other piece of land,means a deed executed under a provision of any law as proof  of the registration of a land tenure right in respect of such erf or such piece of land in the name of a person;

 

"township"

means—

(a) any piece of land which is subdivided into smaller units in such a manner  that  the  units  are  accessible  by  means  of  streets  or thoroughfares,  whether  the  units  have  been  surveyed  or  are informally demarcated; or
(b) any settlement, whether  surveyed as such or established  in any informal manner;

 

"township owner"

means the person who, by virtue of his ownership of the land on which a township is situated, is the owner of the erven and other pieces of land in the township or, if any of such erven or pieces of land have been transferred, is the owner of the  remaining erven or pieces of land;

 

"township register"

means a register referred to in section 46(1) of the Deeds Act;

 

"tribal land"

means land—

(a) in respect of which a tribe is the owner;
(b) which is held in trust on behalf of a tribe; or
(c) which has been allocated for the use of a tribe to the tribe by the State or the South African Development Trust mentioned in section 4 of the Development Trust and Land Act, 1936 (Act No.  18 of 1936);

 

"tribal resolution"

in relation to a tribe, means a resolution passed by the tribe democratically and in accordance with the indigenous law or customs of the tribe: Provided that for the purposes of this Act any decision to dispose of a right in tribal land may only be taken by a majority of the members of the tribe over the age of 18 years present or represented at a meeting convened for the purpose of considering such disposal, of which they have been given sufficient notice, and in which they had a reasonable opportunity to participate;

[Definition substituted by section 1(c) of the Upgrading of Land Tenure Rights Amendment Act, 1996,  (Act No. 34 of 1996), Notice No. 1099, dated 3 July 1996]

 

"tribe"
(a) includes any community living and existing like a tribe; or
(b) any part of a tribe living and existing as a separate entity.

 

(2) For the purposes of this Act, any piece of land within the borders of a township which is not registrable in the township register of such township or, if a township register has not yet been opened, will not so be registrable, shall not be deemed to form part of the township.