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Upgrading of Land Tenure Rights Amendment Bill Tabled

May 8, 2020

Parliament

A bill designed to provide for the application for conversion of land tenure rights to ownership has been tabled in parliament.

The Upgrading of Land Tenure Rights Amendment Bill’s explanatory summary was published in February 2020.

The bill aims to amend the Upgrading of Land Tenure Rights Act, 1991, so as to:

• provide for the application for conversion of land tenure rights to ownership;
• provide for the notice of informing interested persons of an application to convert land tenure rights into ownership;
• provide for an opportunity for interested persons to object to conversion of land tenure rights into ownership;
• provide for the institution of inquiries to assist in the determination of land tenure rights;
• provide for application to court by an aggrieved person for appropriate relief;
• provide for the recognition of conversions that took effect in good faith in the past; and
• provide for matters connected therewith.

Last year, parliament called on the agriculture, land reform and rural development department to initiate work on the bill.

The Constitutional Court ruled on 30 October 2018 that section 2(1) of the 1991 Upgrading of Land Tenure Rights Act is constitutionally invalid as it discriminates against women.

The section deals with the conversion of land tenure rights into ownership.

The act provides for the upgrading and conversion into ownership of certain rights granted in respect of land.

The Constitutional Court set a deadline of April 2020 to amend the act.

The portfolio committee on agriculture, land reform and rural development will process the bill.