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Communal Land Rights Act (CLaRA) ACT No. 11 of 2004

Explore the impact, application, and workings of the CLaRA Act No. 11 of 2004 addressing unequal land access and insecure tenure rooted in a racially-based system. Learn about legally secure tenure, land rights boards, and democratic land administration. Gain insight into definitions, application, registration, comparable redress, and land administration under this legislation. Discover how the Act addresses the need for cooperative municipal functions, community rules, and the establishment of Land Rights Boards. For more information on implementation and contacts, visit provincial and district offices or contact the toll-free number provided.

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Communal Land Rights Act (CLaRA) ACT No. 11 of 2004

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  1. Communal Land Rights Act(CLaRA)ACT No. 11 of 2004 Who it affects, where it applies and how it works.

  2. Background • Unequal land access • Racially based system • Insecure tenure • Lack of development

  3. Objects of the Act • Legally secure tenure • Comparable redress • Democratic land administration • Co-operation on municipal functions • Land Rights Boards • Repeal/amend other laws

  4. Definitions • Community • Communal land • Deed of Communal Land Rights • Old order right • New order right

  5. Application • Land under KZN ITA of 1994 • State land • Former self-governing territories • Land listed under Act 1913 and Act 1936 • Community land • Land in terms of 25(5) of the Constitution

  6. Transfer and registration • Community applies • Minister initiates • Land Rights Enquirer appointed

  7. Determination by the Minister • Ito sec 18 • Extent and location • Forms of land ownership

  8. Registration • Communal General Plan • Plan registered • Transfer of individual rights

  9. Subsequent transactions • Registered ito CLaRA and Deeds Registries Act • Conversion by community approval • Register conversions • No transfer costs 1st time • Thereafter costs applicable

  10. Comparable redress • Minister’s determination • Different forms

  11. Land Administration • Community rules • Administration • Prescribed matters • Any matters necessary

  12. Land Administration • Land Administration Committee • Traditional Council may = LAC • Traditional Council = sec 22(4) and (5)

  13. Land Rights Board • Minister appoints • Area of jurisdiction • Disestablish it

  14. General Provisions • Laws in the schedule • Extent of repeal and amendment

  15. For more information • Provincial offices • District offices • Toll free number: 0800 00 70 95 END

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