Upgrading of Land Tenure Rights Act, 1991 (Act No. 112 of 1991)Chapter 1 : Conversion of Land Tenure Rights into Ownership6. Effect of Act |
| (1) | The provisions of any law governing the registration and transfer of any land tenure right mentioned in Schedule 1 shall— |
| (a) | as from the commencement of this Act, no longer apply in respect of any township referred to in section 2(1)(a) or in respect of any erf or any other piece of land in such township; |
| (b) | as from the opening of a township register for a township referred to in section 2(1)(b), no longer apply in respect of the township for which the township register is opened or inrespect of any erf or any other piece of bland in such township; or |
| (c) | as from the commencement-0f this Act, no longer apply inrespect of any land which does not form part of a township. |
| (2) | As from the discontinuation of the provisions of any law in terms of subsection (1) relating to any township or piece of land referred to in that subsection, any authorization in any such law for the granting of any land tenure right mentioned in Schedule 1 in respect of any erf or other piece of land in such township or in respect of such piece of land, shall be construed as authorization for the granting of ownership in respect of any such erf or piece of land. |
| (3) | Property transactions in any township referred to in section 2(1)(a) or (b) shall — |
| (a) | in the case of the transfer of any erf or any other piece of land of which the township owner is immediately after the commencement of this Act or the opening of the township register, as the case may be, still the owner, be disposed of in accordance with section 3(1)(a), if any land tenure right mentioned in Schedule 2 has been granted in respect thereof, or in accordance with section 13, if any such land tenure right has not been granted in respect thereof; and |
| (b) | in the case of any other transfer of erven and other pieces of land in any such township, be disposed of in accordance with the Deeds Act. |
| (4) | Property transactions-with reference to any land which does not form part of a township shall— |
| (a) | in the case of the transfer of such piece of land in respect of which any land tenure right referred to in Schedule 2 has been granted, be disposed of in accordance with section 3(1)(b); or |
| (b) | in the case of any other transfer, be disposed of in accordance with the Deeds Act. |
| (5) |
| (a) | Notwithstanding anything to the contrary contained in the Rural Areas Act (Hse of Representatives), 1987 (Act No. 9 pf 1987), no grazing rights shall as from the commencement of this Act be granted to any owner or registered occupier as defined in section 1 of the said Act. |
| (b) | The provisions of paragraph (a) shall not affect any grazing rights granted to any owner or registered occupier prior to the commencement of this Act. |