Primary Transfer Toolkit
Land / Legal Toolkit
Land / Legal Toolkit
  • Preamble
  • Overview
    • Feedback
  • LAND & PLANNING REGULARISATION TOOLKIT
    • Step 1: Land and Development Rights Audit
      • 1.1 Legal Status of Underlying Land Project Outside Figure
      • 1.2 Land Legal Constraints
      • 1.3 Other Constraints
      • 1.4 Review Development Approvals/Consents
      • 1.5 Identification of Amendments to Development Approvals/Consents
      • 1.6 Procedures to Confirm Developmental Approval/Consent Amendments
      • 1.7 Determine Rights to be Expropriated
      • 1.8 Prepare Business Plan
    • Step 2: Registration of underlying Land and Township Establishment
      • 2.1 Develop brief for Town Planner to achieve Township Establishment/Amendment
      • 2.2 Develop brief for Land Surveyor & Conveyancer to Effect Land Assembly and Transfer of Title
      • 2.3 Develop generic Procedural Process to procure notice of Expropriation if required
      • 2.4 Legislative interventions
    • Step 3: Satisfying all conditions arising from SPLUMA and NEMA RoDs
      • 3.1 Identify Outstanding Tasks / Actions
      • 3.2 Develop Generic Process to Procure SPLUMA Certificate
    • Step 4: Vesting of roads and public places and registration of individual title
      • 4.1 Develop procedures for Municipality and Conveyancer to effect vesting transfers
      • 4.2 Develop procedural flow chart to ensure project close out
Powered by GitBook
On this page
  • Why is such an intervention necessary?
  • What is the Purpose?
  • What are the ‘Pitfalls’?
  • What is the solution to effectively utilise this Act?
Export as PDF
  1. LAND & PLANNING REGULARISATION TOOLKIT
  2. Step 2: Registration of underlying Land and Township Establishment

2.4 Legislative interventions

Land and Title Adjustment Act, Act 111 of 1993

Previous2.3 Develop generic Procedural Process to procure notice of Expropriation if requiredNextStep 3: Satisfying all conditions arising from SPLUMA and NEMA RoDs

Last updated 3 years ago

Why is such an intervention necessary?

The underlying land to the POF may comprise of land parcel(s) owned by a ‘deceased estate’ and which estate has not been reported, accordingly there is no ‘seller’.

The above means that for such parcels of land to be acquired by the state/organ of state, the property would need to be expropriated which is a lengthy process.

Notwithstanding the provisions of the Law of Succession there may be other competing rights to such parcels of land.

The occurrence of the above will cause a major delay to concluding the Land Assembly Process and ultimately the Township Establishment Process

What is the Purpose?

The purpose is to regulate the allocation of certain land in respect of which one or more person’s claim ownership, but who do not have registered title deed(s) in respect thereof.

  • The Act inter alia contemplates a deceased estate and where the heirs and other claimants do not have title to that land.

  • The Act provided for the appointment of a Commissioner who, on appointment becomes the ‘Seller’ of the land.

  • The State and/or Organ of the State is then immediately in a position to deal with the land and to acquire same without having to expropriate the land.

What are the ‘Pitfalls’?

  • The Act is a National Act.

  • The Act is administered by the Minister of Agriculture, Land Reform and Rural Development.

  • The process to date of the appointment of a Commissioner(s) has been a protracted one and accordingly the objectives of the Act have generally not been met.

What is the solution to effectively utilise this Act?

  • The Constitution of the RSA requires that all spheres of Government co-operate with one another in order to achieve the objectives of the State as a whole.

  • The above constitutional obligation was codified by the promulgation of the Intergovernmental Relations Framework Act, Act 13 of 2005. This Act provides, at Section 35, for spheres of Government and/or State Departments to enter into an Implementation Protocol (IP) to define such co-operation and bind each other to collectively achieving the set out objectives.

  • The Municipality should conclude such an IP with the Department of Agriculture, Land Reform and Rural Development and to prepare ‘Work Plans’ as defined and contemplated by Act 13 of 2005.

  • The conclusion of IPs has had a material and positive impact on addressing the issue of State Departments and the different the spheres of government operating in ‘silos’.

The final step in the Registration of Underlying Land and Township Establishment phase.