South Africa: Consolidated Acts

[Last checked: 22 November 2024.*]

*The last time this Act was reviewed for updates.

 

INTERIM PROTECTION OF INFORMAL LAND RIGHTS ACT 31 of 1996

[Updated to 27 September 2024.**]

**Date of last changes incorporated into this Act.

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Afrikaans text signed by the President

Assented to 21 June 1996

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Published: G. 17277 of 26 June 1996

Commencement: 26 June 1996

 

Amended

Land Affairs General Amendment Act 61 of 1998 (G. 19291, with effect from 28 September 1998),

Rural Development and Land Reform General Amendment Act 4 of 2011 (G. 34300, with effect from 16 May 2011),

 

Uncommenced Amendment

Land Court Act 6 of 2023 (G. 49372, with effect from 5 April 2024, unless otherwise indicated [Proc 162 in G. 50448 of 5 April 2024])

 

ACT

 

To provide for the temporary protection of certain rights to and interests in land which are not otherwise adequately protected by law; and to provide for matters connected therewith.

 

BE IT ENACTED by the Parliament of the Republic of South Africa, as follows:—

 

1.       Definitions

 

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

 

“beneficial occupation” means the occupation of land by a person, as if he or she is the owner, without force, openly and without the permission of the registered owner;

 

“community” means any group or portion of a group of persons whose rights to land are derived from shared rules determining access to land held in common by such group;

 

“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 practice in a particular area or community, where the land in question at any time vested in—

 

(aa)   the South African Development Trust established by section 4 of the Development Trust and Land Act, 1936 (Act 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 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 body or functionary established or appointed by or under an Act of Parliament or the holder of a public office;

 

(c)      beneficial occupation of land for a continuous period of not less than five years prior to 31 December 1997; 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 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—

 

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

 

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

 

“Minister”* means the Minister of Rural Development and Land Reform;

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

[“Minister” amended by s 33 of Act 4 of 2011.]

 

“person” includes a community or a part thereof;

 

“prescribed” means prescribed by or under this Act;

 

“tribe” includes—

 

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

 

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

 

(2)

(a)     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.

 

(b)     The holder of an informal right in land shall be deemed to be an owner of land for the purposes of section 42 of the Minerals Act, 1991 (Act 50 of 1991).

 

2.       Deprivation of informal rights to land

 

(1)     Subject to the provisions of subsection (4), and the provisions of the Expropriation Act, 1975 (Act 63 of 1975), or any other law which provides for the expropriation of land or rights in land, no person may be deprived of any informal right to land without his or her consent.

 

(2)     Where land is held on a communal basis, a person may, subject to subsection (4), be deprived of such land or right in land in accordance with the custom and usage of that community.

 

(3)     Where the deprivation of a right in land in terms of subsection (2) is caused by a disposal of the land or a right in land by the community, the community shall pay appropriate compensation to any person who is deprived of an informal right to land as a result of such disposal.

 

(4)     For the purposes of this section the custom and usage of a community 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 convened for the purpose of considering such disposal and of which they have been given sufficient notice, and in which they have had a reasonable opportunity to participate.

 

3.       Sales and other dispositions subject to informal rights

 

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.

 

4.       Regulations

 

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

 

5.       Application and duration of Act

 

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

 

(2)     The provisions of this Act shall lapse on 31 December 1997: Provided that the Minister may from time to time by notice in the Gazette extend the application of such provisions for a period of not more than 12 months at a time: 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.

[S 5 amended by s 7 of Act 61 of 1998.]

[Application extended ending:

31 December 1998 by GN 1008 / G. 18152 / 25 July 1997;

31 December 1999 by GN 1355 / G. 19389 / 30 October 1998;

31 December 2000 by GN 1302 / G. 20584 / 5 November 1999;

31 December 2001 by GN 1316 / G. 21827 / 8 December 2000;

31 December 2002 by GN 1192 / G. 22839 / 23 November 2001;

31 December 2003 by GN 1569 / G. 24140 / 13 December 2002;

31 December 2004 by GN 1816 / G. 25834 / 19 December 2003;

31 December 2005 by GN 1313 / G. 26962 / 12 November 2004;

31 December 2006 by GN 1211 / G. 28324 / 13 December 2005;

31 December 2007 by GN 1222 / G. 29433 / 8 December 2006;

31 December 2008 by GN 1101 / G. 30485 / 23 November 2007;

31 December 2009 by GN 98 / G. 31843 / 6 February 2009;

31 December 2010 by GN 1110 / G. 32731 / 27 November 2009;

31 December 2011 by GN 745 / G. 33482 / 27 August 2010

31 December 2012 by GN 1030 / G. 34836 / 8 December 2011;

31 December 2013 by GN 697 / G. 35625 / 31 August 2012;

31 December 2014 by GN 556 / G. 36724 / 8 August 2013;

31 December 2015 by GN 1007 / G. 38290 / 12 December 2014;

31 December 2016 by GN 193 / G. 39747 / 26 February 2016;

31 December 2017 by GN 1488 / G. 40466 / 2 December 2016;

31 December 2018 by GN 1303 / G. 41270 / 24 November 2017;

31 December 2019 by GN 1384 / G. 42111 / 14 December 2018;

31 December 2020 by GN 1572 / G. 42887 / 6 December 2019;

31 December 2021 by GN 1323 / G. 43981 / 11 December 2020;

31 December 2022 by GN 1635 / G. 45687 / 20 December 2021;

31 December 2023 by GN 2553 / G. 46991 / 30 September 2022;

31 December 2024 by GN 4026 / G. 49603 / 3 November 2023;

31 December 2025 by Proc 186 / G. 51283 / 27 September 2024 / p15.]

 

Uncommenced amendment 5A.    Jurisdiction of Land Court The Land Court established by section 3 of the Land Court Act, 2023, has jurisdiction to resolve any dispute arising from the application of this Act. [S 5A inserted by s 36 of Act 6 of 2023 with effect from date to be proclaimed.]

 

6.       Short title

 

This Act shall be called the Interim Protection of Informal Land Rights Act, 1996.