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Communal Land Rights Act (CLaRA) ACT No. 11 of 2004 Who it affects, where it applies and how it works.

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Presentation on theme: "Communal Land Rights Act (CLaRA) ACT No. 11 of 2004 Who it affects, where it applies and how it works."— Presentation transcript:

1 Communal Land Rights Act (CLaRA) ACT No. 11 of 2004 Who it affects, where it applies and how it works.

2 Background Unequal land access Unequal land access Racially based system Racially based system Insecure tenure Insecure tenure Lack of development Lack of development

3 Objects of the Act Legally secure tenure Legally secure tenure Comparable redress Comparable redress Democratic land administration Democratic land administration Co-operation on municipal functions Co-operation on municipal functions Land Rights Boards Land Rights Boards Repeal/amend other laws Repeal/amend other laws

4 Definitions Community Community Communal land Communal land Deed of Communal Land Rights Deed of Communal Land Rights Old order right Old order right New order right New order right

5 Application Land under KZN ITA of 1994 Land under KZN ITA of 1994 State land State land Former self-governing territories Former self-governing territories Land listed under Act 1913 and Act 1936 Land listed under Act 1913 and Act 1936 Community land Community land Land in terms of 25(5) of the Constitution Land in terms of 25(5) of the Constitution

6 Transfer and registration Community applies Community applies Minister initiates Minister initiates Land Rights Enquirer appointed Land Rights Enquirer appointed

7 Determination by the Minister Ito sec 18 Ito sec 18 Extent and location Extent and location Forms of land ownership Forms of land ownership

8 Registration Communal General Plan Communal General Plan Plan registered Plan registered Transfer of individual rights Transfer of individual rights

9 Subsequent transactions Registered ito CLaRA and Deeds Registries Act Registered ito CLaRA and Deeds Registries Act Conversion by community approval Conversion by community approval Register conversions Register conversions No transfer costs 1 st time No transfer costs 1 st time Thereafter costs applicable Thereafter costs applicable

10 Comparable redress Minister’s determination Minister’s determination Different forms Different forms

11 Land Administration Community rules Community rules Administration Administration Prescribed matters Prescribed matters Any matters necessary Any matters necessary

12 Land Administration Land Administration Committee Land Administration Committee Traditional Council may = LAC Traditional Council may = LAC Traditional Council = sec 22(4) and (5) Traditional Council = sec 22(4) and (5)

13 Land Rights Board Minister appoints Minister appoints Area of jurisdiction Area of jurisdiction Disestablish it Disestablish it

14 General Provisions Laws in the schedule Laws in the schedule Extent of repeal and amendment Extent of repeal and amendment

15 For more information Provincial offices Provincial offices District offices District offices Toll free number: Toll free number: END


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