LEGAL MATTERS SPONSORED BY STBB is any land , except for the land which are specifically excluded from the operation of this Act .
Section 1 ( a ) in the Act is quite straightforward , in the sense that it refers to all the land falling outside the boundaries of the municipalities . Section 1 ( b )( i ) refers to agricultural holdings while Section 1 ( b )( ii ) refers to a township as described in Section 102 of the Deeds Registries Act , 1937 ( No 47 of 1937 ).
Section 1 ( c ) in the Act refers to land of which the State is the owner or which is held in trust by the State or a Minister for any person . This is land registered in the name of a municipality , provincial government or the national government . In Section 1 ( d ) in the Act reference is made to land which the Minister excluded by notice in the Government Gazette .
On 31 October 1995 Proclamation No R100 of 1995 added to these definitions by declaring that all land in the jurisdiction area of a transitional council , classified as agricultural land before the election of the members of such transitional council , will retain this classification as agricultural land . These elections took place on 1 November 1995 in most of the country , but were delayed to 29 May 1996 in the Western Cape and 26 June 1996 in KwaZulu-Natal due to boundary demarcation disputes .
The courts In Kotze en ‘ n Ander v Minister van Landbou 2003 ( 1 ) SA 445 ( T ) Van der Westhuizen J held that Section 1 of the Subdivision of Agriculture Land Act , 1970 ( No 70 of 1970 ) must be interpreted to mean what it did at the time when it was promulgated . Thus , any land classified as agricultural land before the election of the first transitional councils retain that classification .
Kroon J in the Constitutional Court found in Wary Holdings ( Pty ) Ltd v Stalwo ( Pty ) Ltd and Others 2008 11 BCLR 1123 ( CC ) that the Kotze judgment correctly represented the law . The majority decision was that the land situated in the jurisdiction area of the transitional council which was classified as agricultural land before the election of the first transitional council would remain classified as agricultural land .
Chief Registrar ’ s Circular No 6 of 2002 In light of the concerns raised by the Directorate : Land Use and Soil Management in the Department of Agriculture , Land Reform and Rural Development , and the State Law Advisors ’ opinions 553 / 2000 and 408 / 2001 , the Chief Registrar of Deeds issued Chief Registrar ’ s Circular 6 of 2002 declaring that where the word ‘ farm ’ is included in the property description , such land must be regarded as agricultural land until proof to the contrary is furnished .
Paragraph 5.2 of Chief Registrar ’ s Circular 6 of 2002 indicates which documents have to be submitted to the Registrar of Deeds with the opening of township registers :
5 . The following documents must be lodged with all deeds in which subdivision of farm land is being given effect to :
. 5.1 A consent by the Minister of Agriculture in terms of Act
No . 70 of 1970 ; or
.
. 5.2 A letter by the Department of Agriculture to the effect that the land in question is not agricultural land as defined in Act No . 70 of 1970 and a consent by the local authority in whose area of jurisdiction the land situated , as required by the relevant Provincial legislation , if any .
This directive compelled township applicants to approach the Directorate : Land Use and Soil Management of the Department of Agriculture , Land Reform and Rural Development with a request to issue a letter addressed to the Registrar of Deeds affirming that the land on which that township is established , is not agricultural land , as defined in the Subdivision of Agriculture Land Act , 1970 ( No 70 of 1970 ).
The procedure to request a letter from the Directorate : Land Use and Soil Management The township applicant must submit a formal application to the Directorate : Land Use and Soil Management of the Department of Agriculture , Land Reform and Rural Development with a request to confirm if the Subdivision of Agriculture Land Act , 1970 ( No 70 of 1970 ) is applicable in respect of the property on which the township was established .
The directorate follows an 8-phase process to issue this letter . The timeline for this process is impossible to predict and township applicants have learnt to submit this application right at the start of the township establishment process to avoid delays , disappointments and financial losses . The processing of this request or application does not always meet the practical and reasonable expectations of the township applicants , to put it mildly , and this causes unnecessary and unanticipated delays with the opening of township registers and the following development of housing opportunities .
STBB offers a variety of legal services where our expertise and friendly approach allows us to deal with every legal matter in an effective and efficient manner ensuring a pleasant experience for our clients .
In the property sector we cover :
• Property law : We offer benchmark services for both retail and development property transactions . We are reputed for our teams of seasoned property law practitioners who share an extensive set of skills to smoothly address every aspect of property law and land development transactions .
• Local Government , Planning , Development and Environmental law : Our Development Law Unit has nine specialists addressing development requirements in the fields of planning law , environmental law , construction law , renewable energy law and local government law . The Unit partners with land developers to function as a vital watchdog and one-stop-shop for all legal requirements of land development projects , including low cost housing projects .
For more information related to the information published , please contact Gert Minnaar at gertm @ stbb . co . za or visit our website www . stbb . co . za to view contact information for your nearest branch .
www . saaffordablehousing . co . za JULY - AUGUST 2021 17