Communal Property Associations: Draft Regulations to Replace 1996 Framework

Posted 08 August 2025 Written by Acts Online
Category Agriculture, Land Reform & Rural Development

Brought to you by SA Legal Academy: The Department of Agriculture, Land Reform & Rural Development has released draft regulations under the Communal Property Associations Act, No. 28 of 1996, which will repeal and replace the regulations in force since November 1996.

In terms of General Notice 3556 published in Government Gazette 53515 on 17 October 2025, the Department has extended the deadline for public input on the draft regulations to 16 November 2025. This extension follows the initial call for comments which was set to expire on 7 September 2025.

The Communal Property Associations Act, No. 28 of 1996 provides for the establishment of legal entities to acquire, hold, and manage property on a basis agreed to by members of a community in terms of a written constitution. The proposed new regulations seek to update the administrative framework for these associations, specifically addressing:

  • Procedures for the registration of communal property associations;
  • Standardised requirements for the adoption and amendment of constitutions;
  • Enhanced financial reporting, auditing, and accountability measures;
  • Mechanisms for dispute resolution and mediation; and
  • The powers of the Director-General regarding monitoring and intervention.

Click here to download the extension notice and draft regulations.

What this means for you, your business, or your clients

  • For yourself: Legal and compliance professionals must familiarise themselves with the revised registration and reporting workflows to provide accurate guidance on the transition from the 1996 regulatory regime.
  • For your business: Firms providing secretarial or auditing services to land restitution entities must prepare to update internal compliance templates to meet the proposed governance and financial disclosure standards.
  • For your clients: Communal Property Associations (CPAs) and their members should review their current constitutions against the draft requirements to identify necessary amendments before the regulations are finalised.

Originally published at https://legalacademy.co.za/news/read/communal-property-associations-1996-regulations-to-be-replaced

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