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Communal Property Associations Act, 1996 (No. 28 of 1998).

Country/Territory
South Africa
Document type
Legislation
Date
1996
Source
FAO, FAOLEX
Long title
An Act to enable communities to form juristic persons, to be known as communal property associations in order to acquire, hold and manage property on a basis agreed to by members of a community in terms of a written constitution; and to provide for matters connected therewith.
Subject
Land & soil
Keyword
Common property Non-governmental entity Land tenure Community management
Geographical area
Africa, South Atlantic, Southern Africa
Abstract

The provisions of this Act shall apply to a community- (a) which by order of the Land Claims Court is entitled to restitution under the Restitution of Land Rights Act, 1994, where that Court has ordered restitution on condition that an association be formed in accordance with the provisions of this Act; (b) entitled to or receiving property or other assistance from the State in terms of an agreement or in terms of any law, on condition that an association be formed in accordance with the provisions of this Act; (c) approved by the Minister in terms of subsection (2), and to which any property has been donated, sold or otherwise disposed of by any other person on condition that an association be formed in accordance with the provisions of this Act; (d) approved by the Minister in terms of subsection (2), and which is a group acquiring land or acquiring rights to land and which wishes to form an association in accordance with the provisions of this Act. A community may apply to the Director-General for the registration of a provisional communal property association. A community wishing to procure the registration of an association under this Act may apply to the Director-General for assistance in the preparation of a draft constitution. The constitution of an association shall be consistent with the general principles set out in section 9. An association or provisional association registered under this Act shall, at the prescribed times, furnish prescribed documents and information to the Director-General in order to enable him or her to monitor compliance with the provisions of the relevant constitution and this Act. (Schedule: matters to be addressed in the constitution of a communal property associations)

Full text
English

References - Legislation

Amended by

Rural Development and Land Reform General Amendment Act, 2011 (No. 4 of 2011).

Legislation | South Africa | 2011

Keyword: Land tenure, Cadastre/land registration, Common property, Lease, Institution, Survey/mapping

Source: FAO, FAOLEX

The Land Court Act, no. 06 of 2023.

Legislation | South Africa | 2023

Keyword: Land tenure, Court/tribunal, Land consolidation, Land reform, Land valuation, Dispute settlement, Procedural matters, Offences/penalties

Source: FAO, FAOLEX