Upgrading of Land Tenure Rights Act, 1991 (Act No. 112 of 1991)Chapter 3 : Miscellaneous19. Legal capacity of tribe to obtain property |
| (1) | Any tribe shall be capable of obtaining land in ownership and, subject to subsection (2), of selling, exchanging, donating, letting, hypothecating or otherwise disposing of it. |
| (2) | Land obtained by any tribe by virtue of section 20 shall not during a period of ten years as from the commencement of this Act be sold, exchanged, donated, let or otherwise allocated by that tribe to any person who is not a member of that tribe, except on the authority of consent granted by a competent court. |
| (3) | Consent in terms of subsection (2) shall not be granted unless the court is satisfied— |
| (a) | that the relevant disposal is authorized by a tribal resolution; |
| (b) | that the relevant disposal is not in conflict with the interests of the members of the tribe; and |
| (c) | that satisfactorily alternative residence is available for persons residing on the land concerned, if the relevant disposal results in those persons waiving their right to the occupation of such land. |