| (1) |
A tribe may request the Minister to transfer tribal land the control of which vests in the tribe to the tribe in ownership. |
| (2) |
If the land has been surveyed the Minister may take steps to transfer the land concerned to the tribe in question. |
| (3) |
If the land has not been surveyed the Minister may designate any person to investigate the feasibility of the request and to submit a report and recommendation to him or her in regard thereto. |
| (4) |
Any person designated under subsection (3) may for the purposes of his or her investigation— |
| (a) |
gather such information as he or she may deem necessary; |
| (b) |
hear or receive representations from any person; |
| (c) |
question any person who in his or her opinion may have relevant information available; |
| (d) |
by agreement between interested parties, settle any difference as to the land which forms the subject of the investigation, or the boundaries of such land; |
| (e) |
if requested by the interested parties determine the boundaries of such land or, if they cannot be determined, establish them in consultation with interested parties; |
| (f) |
on the authority of a warrant issued by a magistrate or a judge having jurisdiction at any reasonable time enter upon such land or any contiguous land. |
| (5) |
Any person designated under subsection (3) may in the performance of his or her functions be accompanied by such persons as he or she under the circumstances of any particular ease may deem necessary. |
| (6) |
The Minister shall issue to a person designated under subsection (3) proof in writing of his or her designation, and such person shall in the performance of his or her functions under this section produce, at the request of any person affected by such functions, such proof to the latter person. |
| (7) |
After receipt of a report and recommendation referred to in subsection (3), the Minister may cause the land to be surveyed, if such land or any portion thereof has not been surveyed, and take steps to transfer such land or such portion to the tribe in question. |
| (8) |
If the Minister does not proceed in terms of subsections (2) or (7) he or she shall cause the tribe in question to be notified in writing of the reasons for his or her decision not to accede to such request. |
| (9) |
No transfer duty, stamp duty or other fees shall be payable in respect of any transfer in terms of subsection (2) or (7). |
| (10) |
For the purposes of this section "surveyed" means surveyed under a provision of any law. |
[Section 20 substituted by section 7 of the Upgrading of Land Tenure Rights Amendment Act, 1996 (Act No. 34 of 1996), Notice No. 1099, dated 3 July 1996]
Expropriation Act, 1975
