| (1) | Notwithstanding anything to the contrary contained in any law but subject to subsections (2) and (3), a land tenure right mentioned in Schedule 1 and which has been granted in respect of any erf or any other piece of land in a formalized township for which a township register has not yet been opened shall bestow, pending the conversion thereof into ownership in terms of section 2(1)(b) as soon as a township register is opened, on the person who is, according to a register of land rights of the township, the holder thereof, or could have been the holder thereof but for laws or practices that unfairly discriminated against such person, all rights and powers as if he or she is the owner of the erf or the land in respect of which the land tenure right has been granted. |
[Section 4(1) substituted by section 2 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]
| (2) | The provisions of subsection (1) shall not affect— |
| (a) | any condition, servitude, mortgage bond or other right registered against the title of the land on which the township concerned is situated; |
| (b) | any condition, servitude, mortgage bond or other right registered against the title of land right of the relevant erf or other piece of land; and |
| (c) | any condition in force in respect of the township concerned. |
| (3) | No provision, irrespective of whether it is contained in any law or registered against the title or title of land right referred to in subsection (2), shall be of force in respect of any land tenure right referred to in subsection (1), in so far as such provision— |
| (a) | has placed any restriction on the period for which the land tenure right concerned was granted; |
| (b) | has placed any restriction, other than by virtue of an agreement to which the holder of such land tenure right was a party, on the capacity of the holder to alienate, bequeath, let, hypothecate or otherwise deal with such land tenure right as if he is the owner; |
| (c) | has placed any restriction on the transfer of such land tenure right to, or on the possession, use or occupation of the relevant erf or other piece of land by, any person of a particular population or ethnic group or who is not of a particular population or ethnic group; or |
| (d) | has imposed any obligation on the holder of such land tenure right to pay any royalty or similar periodic levy to the township owner for the continued existence of such land tenure right. |
