INTERIM PROTECTION OF INFORMAL LAND RIGHTS BILL, 1995


To provide protection for legally insecure rights to and interests
in land;  and to provide for matters incidental thereto.

WHEREAS it is necessary to provide protection for legally insecure
rights to and interests in land;

AND WHEREAS temporary measures are to be taken in this regard,
pending a comprehensive review of land tenure laws:


NOW THEREFORE BE IT ENACTED by the Parliament of the Republic
of South Africa, as follows-


Definitions

1.(1)  In this Act, unless the context indicates otherwise, -

     (i)  "community" means any group of persons whose rights to
          land are derived from shared rules determining access to
          land held in common by such group, including a portion of
          any such group, and includes a tribe or a portion of a tribe;
          (i)

     (ii) "informal right to land" means -

          (a)  the use of, occupation of, or access to land in terms of
               -

               (i)  any tribal, customary or indigenous law or
                    practice of a tribe;

               (ii) the custom, usage or administrative practise in a
                    particular area or community, where the land
                    concerned at any time vested in -

                    (aa) the South African Development Trust
                         established by section 4 of the Development
                         Trust and Land Act, 1936 (Act No. 18 of
                         1936);

                    (bb) the government of any area for which a
                         legislative assembly was established in
                         terms of the Self-governing Territories
                         Constitution Act, 1971 (Act No. 21 of 1971);
                         or

                    (cc) the governments of the former Republics of
                         Transkei, Bophuthatswana, Venda and
                         Ciskei;

          (b)  the right or interest in land of a beneficiary under a trust
               arrangement in terms of which the trustee is a statutory
               body or functionary or the holder of a public office;

          (c)  beneficial occupation of land for a continuous period of
               not less than three years;  or

          (d)  the use or occupation by any person of an erf as if he
               or she is, in respect of that erf, the holder of a right
               mentioned in Schedule 1 or 2 of the Upgrading of Land
               Tenure Rights Act, 1991 (Act No. 112 of 1991),
               although he or she is not formally recorded in a register
               of land rights as the holder of the right in question,

          but does not include -

               (iA) any right or interest of a tenant, sharecropper or
                    employee if such right or interest is purely of a
                    contractual nature;  and

               (iB) any right or interest based purely on temporary
                    permission granted by the owner or lawful
                    occupier of the land concerned, on the basis that
                    such permission may at any time be withdrawn by
                    such owner or lawful occupier;  (ii)

     (iii)     "Minister" means the Minister of Land Affairs;  (iii)

     (iv) "person" includes a community or a part thereof;  (iv)

     (v)  "prescribed" means prescribed by or under this Act;  (vi)

     (vi) "tribe" includes -

          (a)  any community living and existing like a tribe;  or

          (b)  any part of a tribe living and existing as a separate
               entity.  (v)

   (2)  This Act shall not confer on the holder of a real right to land, any
rights in addition to those which he or she holds in that land.


Deprivation of informal right to land

2.(1)  Subject to the provisions of subsection (2), and the provisions of
the Expropriation Act, 1975 (Act No. 63 of 1975), no person may be
deprived of any informal right to land without his or her consent.

   (2)  Where land is used on a communal basis, an informal right to
such land may be disposed of in accordance with the custom and
usage of that community: Provided that such custom and usage shall
be deemed to include the principle that a decision to dispose of any
such right may only be taken by a majority of the holders of such rights
present or represented at a meeting of which they have been given
reasonable notice, and in which they have had a reasonable
opportunity to participate.


Sales and other dispositions subject to informal rights

3.  Subject to the provisions of section 2, any sale or other disposition
of any land shall be subject to any existing informal rights to that land.


Regulations

4.  The Minister may make regulations regarding all matters which in
his or her opinion are necessary or expedient to be prescribed in order
to achieve the objects of this Act.


Application of Act

5.(1)  This Act binds all persons, including the State.

   (2)  The provisions of this Act shall lapse on 31 December 1996:
Provided that the Minister may, at any time before such provisions
lapse, by notice in the Gazette extend the application of such
provisions for a period of not more than twelve months: Provided
further that any such notice shall be laid upon the Table of Parliament,
and if Parliament by resolution disapproves of such notice, such notice
shall cease to be of force and effect, but without prejudice to the
validity of anything done in terms of such notice before it so ceased to
be of force and effect.


Short title

6.  This Act shall be called the Interim Protection of Informal Land
Rights Act, 1995.
.