[Section 2 heading substituted by section 1(a) of the Upgrading of Land Tenure Rights Amendment Act, 2021, Notice No. 322, GG44649, dated 1 June 2021 - effective 1 June 2024 per Commencement Notice No. 4884, GG50703, dated 24 May 2024]
| (1) | Any person who is the registered holder of a land tenure right mentioned in Schedule 1 according to the register of land rights in which that land tenure right was registered in terms of the provisions of any law, or could have been a holder of that land tenure right had it not been for laws or practices that unfairly discriminated against such person, may apply to the Minister, in the prescribed manner, for the conversion of such land tenure right into ownership in respect of— |
| (b) | any erf or any other piece of land in a formalized township for which a township register is opened after the commencement of this Act; or |
| (c) | any piece of land which is surveyed under a provision of any law and does not form part of a township. |
[Section 2(1) substituted by section 1(b) of the Upgrading of Land Tenure Rights Amendment Act, 2021, Notice No. 322, GG44649, dated 1 June 2021 - effective 1 June 2024 per Commencement Notice No. 4884, GG50703, dated 24 May 2024]
(1A)
| (a) | The Minister shall on receipt of such application cause to be published in the Gazette, one local newspaper, relevant social media and at the local municipality office a notice, as prescribed, which informs all interested persons of the application for conversion. |
| (b) | The Minister must inform in writing, the affected parties of the progress of such application. |
[Section 2(1A) substituted by section 1(c) of the Upgrading of Land Tenure Rights Amendment Act, 2021, Notice No. 322, GG44649, dated 1 June 2021 - effective 1 June 2024 per Commencement Notice No. 4884, GG50703, dated 24 May 2024]
| (1B) | The notice as contemplated in subsection (1A) must provide all interested persons— |
| (a) | with an opportunity to object to the conversion; and |
| (b) | time frames within which to object to the conversion, which must not be less than one calendar month. |
[Section 2(1B) substituted by section 1(c) of the Upgrading of Land Tenure Rights Amendment Act, 2021, Notice No. 322, GG44649, dated 1 June 2021 - effective 1 June 2024 per Commencement Notice No. 4884, GG50703, dated 24 May 2024]
| (1C) | An objection to a conversion may be lodged in the prescribed manner with the Minister. |
[Section 2(1C) substituted by section 1(c) of the Upgrading of Land Tenure Rights Amendment Act, 2021, Notice No. 322, GG44649, dated 1 June 2021 - effective 1 June 2024 per Commencement Notice No. 4884, GG50703, dated 24 May 2024]
| (1D) | The Minister must, upon receipt of an application or objection contemplated in subsections (1A) and (1B), designate a person as contemplated under section 24D in order to assist the Minister in determining the facts relating to the conversion of land tenure rights and the objection thereto, in order to assist the Minister in determining the facts and to make a decision relating to the conversion of land tenure rights, the objection thereto and the vesting of ownership. |
[Section 2(1D) substituted by section 1(c) of the Upgrading of Land Tenure Rights Amendment Act, 2021, Notice No. 322, GG44649, dated 1 June 2021 - effective 1 June 2024 per Commencement Notice No. 4884, GG50703, dated 24 May 2024]
| (1E) | The person designated in terms of subsection (1D) shall— |
| (a) | have the powers of a designated person contemplated in section 24D; and |
| (b) | assist the parties in mediating on the objection and report to the Minister on the outcome of such mediation. |
[Section 2(1E) substituted by section 1(c) of the Upgrading of Land Tenure Rights Amendment Act, 2021, Notice No. 322, GG44649, dated 1 June 2021 - effective 1 June 2024 per Commencement Notice No. 4884, GG50703, dated 24 May 2024]
| (a) | In order to give effect to subsection (1), the registrar of deeds concerned shall make the necessary entries and endorsements in respect of this registers and other documents, as well as in respect of any relevant documents produced to him. |
| (b) | No transfer duty, stamp duty or other fees shall be payable in respect of any such entries and endorsements. |
| (3) | For the purposes of subsection (2), the registrar of deeds may supplement the township register of the township concerned in accordance with the entries in any relevant register of land rights: Provided that he is satisfied that any relevant register of land rights is suitable for use as part of the township register of the township concerned and he has endorsed the register of land rights on the obverse with words to that effect and so dated it, such register of land rights shall be deemed to form part of the township register of the township. |
