| (1) | Subject to subsection (1B), any land tenure right mentioned in Schedule 2 and which was granted in respect of— |
| (b) | any piece of land which is surveyed under a provision of any law and does not form part of a township, any erf or other piece of surveyed land shall, upon the submission by the owner of such erf or piece of land at the deeds registry of a deed of transfer on the form prescribed for that purpose under the Deeds Act and made out in the name of the person who is the holder of the relevant land tenure right, be converted into ownership by the registrar of deeds by the registration of such erf or piece of land in the name of such person: |
Provided that—
| (a) | where the State is the owner of an erf or piece of land situated outside a formalised township, the relevant land tenure right need not be converted into ownership, and a deed of transfer shall not be submitted unless— |
| (i) | the Minister is satisfied, on the basis of a report by a person assigned or appointed by him or her, that the rights or interests of putative holders are being protected; and |
| (ii) | where such land is lawfully occupied or has been allocated for the use of a tribe or community a tribal or community resolution has been obtained; |
| (b) | where a tribe is the owner of the land, the decision to convert the relevant land tenure right into ownership shall be taken by way of a tribal resolution. |
[Section 3(1) substituted by section 2(a) of the Upgrading of Land Tenure Rights Amendment Act, 1996, (Act No. 34 of 1996), Notice No. 1099, dated 3 July 1996]
| (1A) | For the purposes of an investigation referred to in subsection (1)(a), the designated or appointed person shall have all the rights and duties referred to in section 24D(7). |
[Section 3(1A) inserted by section 2(b) of the Upgrading of Land Tenure Rights Amendment Act, 1996, (Act No. 34 of 1996), Notice No. 1099, dated 3 July 1996]
| (1B) | If an owner of an erf or piece of land is requested to submit a deed of transfer of land in terms of subsection (1), the Minister may on request of such owner, or if the State is the owner of such land, of his or her own accord— |
| (i) | impose conditions in respect of the use of such land, but if the State is the owner of such land and it is lawfully occupied by or has been allocated for the use of a tribe or community, in consultation with such tribe or community; |
| (ii) | from moneys appropriated by Parliament or at the cost of an affected person and on such conditions as he or she may determine, cause such land to be surveyed; |
| (iii) | order that an amount to be determined by him or her be paid by an affected person to the owner of the erf or other piece of land, or if the erf or other piece of land falls within an area lawfully occupied or allocated for use by a tribe or community, to the tribe or community concerned; |
| (iv) | provide for a method for determining the amount to be paid in terms of paragraph (iii) |
[Section 3(1B) inserted by section 2(b) of the Upgrading of Land Tenure Rights Amendment Act, 1996, (Act No. 34 of 1996), Notice No. 1099, dated 3 July 1996]
| (2) | As from the registration of such erf or piece of land in the name of such person, the ownership of such erf or piece of land shall vest exclusively in such person. |
| (3) | No provision of section 15 or 17 of the Deeds Act shall apply, and no transfer duty, stamp duty or other fee shall be payable, in respect of the transfer of ownership effected by such conversion. |
| (4) | Notwithstanding the provisions of the Deeds Act, the,registrar of deeds shall register the transfer of ownership of any erf or any piece of land under the circumstances referred to in subsection (1) by signing the certificate of ownership submitted at the deeds registry in terms of that subsection. |
| (5) | When the registrar of deeds has registered the transfer of ownership of any erf or any piece of land in terms of subsection (4), he shall— |
| (a) | make an entry of the transfer of ownership in the applicable township register or register of land rights in the deeds registry; |
| (b) | file the signed certificate of ownership in the deeds registry in such manner as he may deem fit; and |
| (c) | make a copy of the signed certificate of ownership available to the person who has submitted it under subsection (1), for delivery to the person to whom such erf or piece of land has been transferred. |
