South Africa: Consolidated Acts

[Last checked: 28 March 2025.*]

*The last time this Act was reviewed for updates.

 

STATE LAND DISPOSAL ACT 48 OF 1961

[Updated to 11 October 2024.**]

**Date of last changes incorporated into this Act.

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Afrikaans text signed by the State President

Assented to 19 June 1961

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Published: G. 26 of 28 June 1961

Commencement: 28 June 1961

 

Amended

Act 66 of 1963 (G. 532, with effect from 26 June 1963),

Act 28 of 1968 (G. 2032, with effect from 3 April 1968),

Act 26 of 1976 (G. 5042, with effect from 31 March 1976),

Act 66 of 1982 (G. 8188, with effect from 30 July 1982 [Proc. 130, G. 8319]),

Act 47 of 1987 (G. 10913, with effect from 16 September 1987),

Act 19 of 1988 (G. 11208, with effect from 23 March 1988),

Act 9 of 1989 (G. 11743, with effect from 6 October 1989 [Proc. 178, G. 12117]),

Act 108 of 1993 (G. 14976, with effect from 1 August 1993 [Proc. R66, G. 15027]),

Proc. 41, G. 15578, with effect from 1 April 1995,

Proc. 67, G. 16511, with effect from 7 September 1995,

Act 4 of 2011 (G. 34300, with effect from 16 May 2011).

 

General substitution: Proc. 67 of 1995 substituted for the words “State President”, wherever they occur, of the word “President”.

 

ACT

 

To provide for the disposal of certain State land and for matters incidental thereto, and to prohibit the acquisition of State land by prescription.

 

 

BE IT ENACTED by the State President, the Senate and the House of Assembly of the Republic of South Africa, as follows:—

 

ARRANGEMENT OF SECTIONS

 

1.       Definitions

2.       President may dispose of certain State land

2A.    Powers of President in relation to certain rights of State in respect of private land

2B.    Disposal of State land in Foreshore, Cape Town

2bis   ...

3.       State land not subject to acquisitive prescription

4.       ...

5.       Execution of documents in connection with disposal of State land

6.       Assignment of powers and duties by President

7.       Assignment of powers and duties by Minister

8.       Regulations

8A.    Operation of Act in relation to certain proclamations and regulations

9.       Repeal of laws, and provisions relating to certain disposals of State land prior to commencement of this Act

10.     Short title

Schedule

 

1.       Definitions

 

In this Act, unless the context otherwise indicates—

 

“board” ...

[“board” ins by s 1(b) of Act 66 of 1982; rep by s 7(1)(b) of Act 108 of 1993.]

 

“Minister”* means the Minister of Public Works, but in relation to a provision of this Act which applies to, or is connected to any land transferred to the Minister of Rural Development and Land Reform* in terms of paragraph 1(e) of Proclamation R.28 of 31 March 1992 or after 1 April 1992 in his name, means the latter Minister;

*Administration, powers and functions transferred to the Minister of Land Reform and Rural Development insofar as it entrusts its administration and powers and functions to the Minister of Agriculture, land Reform and Rural Development, effective immediately before the President assumed office on 19 June 2024 – Proc 199 / G. 51368 / 11 October 2024.

 

[“Minister” subs by s 1(a) of Act 66 of 1982, s 1 of Act 47 of 1987, s 1 of Act 19 of 1988; am by s 36 of Act 9 of 1989; subs by s 7(1)(a) of Act 108 of 1993, Proc. 41 of 1994, Proc. 67 of 1995, s 3 of Act 4 of 2011.]

 

“State land” includes any land over which the right of disposal by virtue of the provisions of section 3(4) of the Agricultural Holdings (Transvaal) Registration Act, 1919 (Act 22 of 1919), and section 78(3) and (4) of the Townplanning and Townships Ordinance, 1965 (Ordinance 25 of 1965) (Transvaal), vests in the President, and any right in respect of State land.

[S 1 subs by s 1 of Act 28 of 1968; “State land” subs by s 1(c) of Act 66 of 1982.]

 

2.       President may dispose of certain State land

 

(1)     Subject to the provisions of subsections (2) and (3) the President may, on such terms and conditions as he may deem fit, sell, exchange, donate or lease any State land on behalf of the State.

 

(2)     The President shall not dispose of any particular State land in terms of subsection (1) if the disposal thereof is governed by a provincial ordinance: Provided that the provisions of this subsection shall not apply in respect of the lease of the whole or any portion of—

 

(a)     places upon State land which have been reserved by the President as contemplated in Item 5 of the Second Schedule to the Financial Relations Consolidation and Amendment Act, 1945 (Act 38 of 1945) as being places of public resort, of public recreation, or of historical or scientific interest; and

 

(b)     State land situated in public resorts, places of rest, seaside resorts, holiday centres, holiday camps, caravan parks, tent camps and picnic places referred to in Item 24 of the Second Schedule to the said Act,

 

which cannot lawfully be leased in terms of any such ordinance.

[S 2(2) subs by s 2(a) of Act 28 of 1968; am by s 1 of Act 26 of 1976.]

 

(2A)   When transfer of any land alienated in terms of subsection (1) is registered, the Minister may authorise the registrar of deeds in writing to endorse on the title deeds of the said land and any other immovable property of the transferee a restriction to the effect that such land and such other immovable property shall not without the consent of the Minister be alienated separately.

[S 2(2A) ins by s 2(b) of Act 28 of 1968.]

 

(2B)   The said registrar shall give effect to the said authorisation in such manner as may to him appear to be most practicable and convenient, and thereupon such restriction shall be valid and effective against all persons except against any person (including the State) in whose favour a mortgage bond or other charge was registered against any immovable property prior to the endorsement of the said restriction on the title deeds of such property.

[S 2(2B) ins by s 2(b) of Act 28 of 1968.]

 

(2C)   The Minister may authorise the said registrar in writing to cancel any restriction referred to in subsection (2A), and the registrar shall give effect to any such authorisation in such manner as may to him appear to be most practicable and convenient.

[S 2(2C) ins by s 2(b) of Act 28 of 1968.]

 

(2D)   The Minister may, notwithstanding anything to the contrary in any law contained, grant the consent referred to in subsection (2A) subject to such conditions as he may deem fit.

[S 2(2D) ins by s 2(b) of Act 28 of 1968.]

 

(3)     The provisions of subsection (1) shall not exempt the State from complying with any obligation in terms of the conditions subject to which the State holds any particular State land.

 

(4)     ...

[S 2(4) rep by s 2 of Act 66 of 1982.]

 

2A.    Powers of President in relation to certain rights of State in respect of private land

 

(1)     The President may—

 

(a)     on such terms and conditions as he may deem fit, consent to the amendment or cancellation of any condition which was, before or after the commencement of this Act, embodied in or registered against a deed of grant or deed of transfer in terms of any law or otherwise and whereby any right was reserved to or acquired by the State in respect of land;

 

(b)     at a time exercise a such right.

 

(2)     If the President has in terms of subsection (1)(a) consented to the amendment or cancellation of a condition referred to in that subsection, he may authorise the registrar of deeds concerned in writing to endorse the amendment or cancellation, as the case may be, on the title deed of the land concerned, and the said registrar shall give effect to the said authorisation in such manner as may to him appear to be most practicable and convenient.

[S 2A ins by s 3 of Act 28 of 1968; subs by s 2 of Act 47 of 1987.]

 

2B.    Disposal of State land in Foreshore, Cape Town

 

(1)     Land vesting in the State under section 19(2) of the Cape Town Foreshore Act, 1950 (Act 26 of 1950), as from 1 April 1979, shall be State land to which the provisions of this Act shall apply.

 

(2)     Land which before the date referred to in subsection (1) was—

 

(a)     sold, exchanged or donated by the board but in respect of which title has not yet been given on that date; or

 

(b)     leased by the board,

 

shall be deemed to have been sold, exchanged, donated or leased under the provisions of this Act.

 

(3)     The Minister may from time to time out of the proceeds of the sale or lease referred to in subsections (1) and (2) pay to the City Council of the City of Cape Town such amounts as the Minister may determine with the concurrence of the Minister of Finance.

[S 2B ins by s 3 of Act 66 of 1982.]

 

2bis   ...

[S 2bis ins by s 18 of Act 66 of 1963; rep by s 2 of Act 26 of 1976.]

 

3.       State land not subject to acquisitive prescription

 

Notwithstanding any rule of law to the contrary State land shall, after the expiration of a period of 10 years from the date of commencement of this Act, not be capable of being acquired by any person by prescription.

 

4.       ...

[S 4 rep by s 4 of Act 28 of 1968.]

 

5.       Execution of documents in connection with disposal of State land

 

(1)     If the President has under section two—

 

(a)     sold, exchanged or donated any State land, he shall either issue an appropriate deed of grant or cause to be registered in a deeds registry such other deed as may be appropriate;

 

(b)     leased any State land, he shall sign or cause to be signed on behalf of the State an appropriate lease.

 

(2)     Any documents required to effect registration of a deed mentioned in paragraph (a) of subsection (1), any lease mentioned in paragraph (b) of the said subsection not signed by the President, and any documents required to effect the registration of such a lease in a deeds registry, shall be signed on behalf of the State by a person authorised thereto by the President either generally or in regard to specified State land or in any specified case.

 

6.       Assignment of powers and duties by President

 

(1)     The President may either generally or in regard to specified State land or in a specified case assign with retrospective effect from a date not earlier than 1 April 1992 to the Minister any power or duty conferred or imposed upon him by section 2, 2A or 5 and any power or duty to issue deeds of grant which he may otherwise have.

[S 6(1) subs by s 8(a) of Act 108 of 1993.]

 

(2)     If the President assigns to the Minister any power conferred upon him by section 2, the Minister shall have the powers and be subject to the duties conferred or imposed upon the President by section 5 in connection with the exercising of the power so assigned.

[S 6(2) subs by s 8(b) of Act 108 of 1993.]

 

(3)     ...

[S 6 am by s 5 of Act 28 of 1968; subs by s 4 of Act 66 of 1982; s 6(3) rep by s 8(c) of Act 108 of 1993.]

 

7.       Assignment of powers and duties by Minister

 

(1)     The Minister may either generally or in regard to specified State land or in a specified case assign—

 

(a)     any power or duty conferred or imposed upon him or her by or in terms of this Act to a premier or a member of the Executive Council of a province; or any officer in the service of the State or, with the prior approval of the relevant Premier any officer in the service of a provincial government; and

[S 7(1)(a) subs by Proc. 67 of 1995.]

 

(b)     any power conferred upon him in terms of this Act to lease State land, to any council or body instituted or appointed by or in terms of any law.

[S 7(1) subs by s 3 of Act 26 of 1976; s 7(1)(b) subs by s 5 of Act 66 of 1982.]

 

 (2)    If the Minister so assigns any power referred to in section two, the provisions of subsection (2) of section six shall mutatis mutandis apply.

 

8.       Regulations

 

The President may make any regulations which he considers necessary or expedient for the achievement of the purposes and objects of this Act.

 

8A.    Operation of Act in relation to certain proclamations and regulations

 

The provisions of this Act shall apply in addition to, and not in substitution for, the provisions of any proclamation or regulation referred to in sections 5(2), 8(2) and 11(2) of the Abolition of Racially Based Land Measures Act, 1991 (Act 108 of 1991).

[S 8A ins by s 9(1) of Act 108 of 1993 deemed to have come into operation on 1 April 1992.]

 

9.       Repeal of laws, and provisions relating to certain disposals of State land prior to commencement of this Act

 

(1)     Subject to the provisions of subsection (2) the laws specified in the Schedule are hereby repealed to the extent shown in the third column thereof.

 

(2)     Any provision of a law repealed by subsection (1) which immediately prior to the commencement of this Act applies in respect of any prior disposal of State land or in respect of any matter arising out of any such disposal, shall continue so to apply as if such law had not been repealed.

 

(3)     Any disposal of State land at the public instance prior to the commencement of this Act which was not effected under or by virtue of any rule of law, shall be deemed to have been lawfully effected.

 

10.     Short title

 

This Act shall be called the State Land Disposal Act, 1961.

 

Schedule

 

No. and Year of Law.	Territory and Title or Subject.	Extent of Repeal.
CAPE OF GOOD HOPE
Act 37 of 1882.	“Agricultural Lands Act, 1882”.	The whole.
Act 3 of 1883.	“Cemeteries Act, 1883”.	Paragraph (1) of section 5.
Act 40 of 1885.	“Agricultural Lands Amendment Act, 1885”.	The whole.
Act 15 of 1887.	“Crown Lands Disposal Act, 1887”.	The whole.
Act 37 of 1889.	“Crown Lands and Quitrent Relief Act, 1889”.	The whole.
Act 16 of 1890.	“Transfer Facilitation Act, 1890”.	The whole.
Act 14 of 1891.	“The Crown Lands Disposal Extension Act, 1891”.	The whole.
Act 26 of 1891.	“Crown Lands Leasing Act, 1891”.	The whole.
Act 23 of 1892.	“The Partition Transfer Facilitation Act, 1892”.	The whole.
Act 30 of 1893.	“Transfer Facilitation Amendment Act, 1893”.	The whole.
Act 40 of 1895.	“Crown Lands Disposal Act and Leasing Acts Amendment Act, 1895”,	The whole.
Act 46 of 1899.	“Agricultural Lands Further Amendment Act, 1899”.	The whole.
Act 47 of 1899	“The Elliot European Communal Lands Act, 1899”.	The whole.
Act 13 of 1906.	“The Outspans Act, 1906”.	Section 4.
Act 41 of 1908.	“The Elliot Commonages Subdivision Act, 1908”.	The whole.
Act 42 of 1908.	“Farms Selection Act, 1908”.	The whole.
NATAL
Act 44 of 1904.	“The Agricultural Development Act, 1904”.	The whole.
Act 28 of 1907.	Amendment of “The Agricultural Development Act, 1904”.	The whole.
Act 23 of 1910.	“To enable purchasers of Crown lands to suspend payment of the instalments of purchase price upon suitable terms”.	The whole.
Act 27 of 1910.	“To make certain provisions with regard to the purchase and disposal of lands acquired for settlements”.	The whole.
ORANGE FREE STATE
Ordinance 34 of 1905.	“Crown Lands (small areas) Disposal Ordinance, 1905”.	The whole.
Act 13 of 1908.	“Crown Land Disposal Act, 1908”.	The whole.
Act 31 of 1909.	“Irrigation Settlements Act, 1909”.	The whole.
TRANSVAAL
Ordinance 45 of 1902.	“Settlers Ordinance 1902”.	The whole.
Ordinance 57 of 1903.	Crown Land Disposal Ordinance 1903.	The whole.
Ordinance 13 of 1906.	Crown Land Disposal Amendment Ordinance 1906.	The whole.
Act 37 of 1907.	Land Settlement Act 1907.	The whole.
UNION
Act 2 of 1911.	Crown Land Disposal (Execution of Deeds) Act, 1911.	The whole.
Act 12 of 1912.	Land Settlement Act, 1912.	Section 47.
Act 15 of 1912.	Transvaal and Orange Free State Land Settlements Amendment Act, 1912.	Sections 1, 2, 3 and 5.
Act 26 of 1915.	Persons on Active Service Relief Act, 1915.	Section 2.
Act 16 of 1916.	Transvaal and Orange Free State Land Settlements Act Further Amendment Act, 1916.	The whole.
Act 1 of 1917.	Gubenxa and Embokotwa Titles Amendment Act, 1917.	The whole.
Act 23 of 1917.	Land Settlement Act Amendment Act, 1917.	Sections 21 and 22.
Act 6 of 1919.	Crown Land Disposal (Cape of Good Hope) Amendment Act, 1919.	The whole.
Act 8 of 1922.	Crown Lands Disposal Act (Cape) Amendment Act, 1922.	The whole.
Act 38 of 1922.	Financial Adjustments Act, 1922.	Section 4.
Act 57 of 1934.	Land Settlement (Amendment) Act, 1934.	Section 21.
Act 1 of 1952.	State Lands Disposal Amendment Act, 1952.	The whole.