| (1) |
If the Minister is of the opinion that a register of land rights in respect of which land tenure rights mentioned in Schedule 1 or 2 have been granted in erven or other pieces of land has not been written up or properly written up, there is an incorrect entry therein or that it reflects the names of persons who are not the putative holders of the relevant land tenure right, he or she may designate any person to investigate and compile a register of land rights for the area or to update the existing register and to rectify errors or supplement omissions. |
| (2) |
If the Minister receives a request from a tribe or community in respect of any area on land lawfully occupied by or has been allocated for use by such tribe or community, in which the individual erven or other pieces of land are occupied or utilized by individuals and their families under the rules or customs of that tribe or community, he or she may designate any person to compile a register of land rights in respect of such area. |
| (3) |
If an area referred to in subsection (1) or (2) has not been surveyed, the Minister may determine that the functions contemplated in that subsection shall not be performed before the survey of such area has commenced. |
| (4) |
Any register of land rights compiled or updated under subsection (1) or (2) shall, as to its shape, form and contents, be compiled or updated in accordance with the legal and administrative requirements applicable to a township or other relevant register. |
| (5) |
Any person designated under subsection (1) or (2) shall in the compilation or updating of a register of land rights— |
| (a) |
satisfy himself or herself that if a general plan for an area exists the property descriptions in the register or which he or she makes in the register correspond with those descriptions on the general plan of the area concerned; |
| (b) |
ascertain the identity of the person who at the relevant time is the de jure holder of the land tenure right in each relevant erf or other piece of land in the area as well as the identity of any putative holder of the relevant land tenure right in each such erf or piece of land; |
| (c) |
consider any representations made to him or her either orally or in writing by any person who lays claim to be registered in the register as the holder of a land tenure right; |
| (d) |
take reasonable steps to ensure that persons affected or likely to be affected by the investigation and compilation receive effective notice of the investigation, are given an opportunity of making representations with regard thereto and are informed of the result thereof; |
| (e) |
if it is just and equitable, make a recommendation to the Minister regarding such arrangements as are appropriate and necessary to protect other rights and interests, if any, in that erf or piece of land, including the rights and interests of putative holders. |
| (6) |
In order to gather information which is necessary or expedient in compiling or updating a register of land rights for the area concerned, any person designated under subsection (1) or (2) may— |
| (a) |
subject to any law governing privilege, question any person who in his or her opinion may have relevant information available; |
| (b) |
subject to any law governing privilege, require any person to deliver to him or her forthwith, or to submit to him or her at such time and place as may be determined by him or her, any register, permit, certificate, title of land right or other document in the possession or under the control of any such person and which in his or her opinion contains relevant information; |
| (c) |
examine any such register, permit, certificate, title of land right or document or make an extract therefrom or a copy thereof; |
| (d) |
if it is necessary for the purposes of paragraph (a), (b) or (c), at any reasonable time, on the authority of a warrant issued by a magistrate or judge having jurisdiction, enter upon any erf or other land in the area concerned. |
| (7) |
If any person refuses to answer a question put to him or her under subsection (6)(a) or to deliver or submit anything required under subsection (6)(b), the person acting under subsection (6)(a) or (b) may apply to the magistrate's court for the district in which the erf or piece of land in question is situated for an order compelling the former person to answer the question or deliver or submit the thing and the court may make such order as it deems fair and just under the circumstances, including an order for costs, having regard to the public interest and the right to privacy of the respondent. |
| (8) |
Any person designated under subsection (1) or (2) may in the performance of his or her functions be accompanied by such persons as he or she under the circumstances of any particular case may deem necessary. |
| (9) |
The Minister shall issue to a person designated under subsection (1) or (2) 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. |
(10)
| (a) |
Any person aggrieved by an entry made by a person designated under subsection (1) or (2) in a register of land rights, may within 30 days after he or she became aware of the entry, but not more than a year after the entry was made, appeal in writing against such entry to the Minister. |
| (b) |
The Minister may, after he or she has considered the grounds of the appeal and the reasons of the person designated under subsection (1) or (2) for such entry— |
| (i) |
either in whole or in part, allow the appeal, and— |
| (aa) |
direct such person to alter such entry or to substitute for it any other entry which such person in the Minister's opinion ought to have made; or |
| (bb) |
order that such arrangements be made as are appropriate and necessary to protect the rights and interests of the appellant as well as other rights and interests, if any, in that erf or piece of land; or |
| (c) |
The Minister shall cause a person who lodged an appeal with him or her to be notified in writing of his or her decision on the appeal. |
| (11) |
The Minister may from monies appropriated by Parliament for that purpose, after receiving a recommendation in terms of subsection (5)(e) or an order made in terms of subsection (10)(b)(i)(bb), provide assistance to persons having rights and interests in such erf or piece of land, including assistance to obtain rights in such erf or piece of land or alternative land. |
| (12) |
The designation of a person in terms of subsections (1) and (2) and section 3(1)(a) and assistance in terms of subsection (11) shall be subject to the availability of personnel and funds. |
| (13) |
This section shall apply throughout the Republic. |
[Section 24D inserted by section 12 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
