LEGAL MATTERS
SPONSORED BY STBB
The reasons why the Subdivision of Agriculture Land Act , 1970 ( No 70 of 1970 ) may not be applicable in respect of the township land The Directorate : Land Use and Soil Management gives the following reasons in the letters to the Registrar of Deeds why the Subdivision of Agriculture Land Act , 1970 ( No 70 of 1970 ) may not be applicable to a property on which a township was established :
• The above-mentioned property is an agricultural holding in terms of the Agricultural Holdings ( Transvaal ) Registration Act , 1919 ( No 22 of 1919 ) and as such is not agricultural land in terms of the Subdivision of Agriculture Land Act , 1970 ( No 70 of 1970 ). Section 1 ( b )( i ) of Act 70of 1970 exempts it from the provisions of this Act . Registrations of transactions on the above property will therefore no longer require a letter from this Department .
• The above-mentioned property is situated within the municipal boundary of the Municipality prior to 1994 and the provisions of the Subdivision of Agriculture Land Act , 1970 ( No 70 of 1970 ) is therefore no longer applicable . Registrations of transactions on the above property will therefore no longer require a letter from this Department .
• The above-mentioned property is not subject to the provisions of the Subdivision of Agriculture Land Act , 1970 ( No 70 of 1970 ) as it is registered in the name of the State . Section 1 ( c ) of Act 70 of 1970 specifies that :
“ 1 . Definitions … ... agricultural land means any land , exceptc . land which the State is the owner of which is held in trust by the State or a Minister for any person .”
This means that these letters issued by the Directorate : Land Use and Soil Management in respect of these three categories merely confirm in writing what is already transparent from reading the definition of ‘ agricultural land ’ in Section 1 of the Subdivision of Agriculture Land Act , 1970 ( No 70 of 1970 ). What makes it perplexing is that this letter then states at the end that the registration of transactions on the affected property will therefore no longer require a letter from this Department .
Registrar ’ s Circular 2 0f 2019 and Registrar ’ s Circular 5 of 2019 issued by the Registrar of Deeds in Pretoria These circulars in paragraph 2 thereof dismissed the requirement for a township applicant to obtain and submit a
letter from the Department of Agriculture to the Registrar of Deeds if the township is established on an agricultural holding , or if any Act excludes compliance . However , it still stated that a municipality as registered owner will also be subject to the requirements of the Subdivision of Agriculture Land Act , 1970 ( No 70 of 1970 ), despite the fact that a municipality is specifically excluded in terms of Section 1 ( c ) of the Subdivision of Agriculture Land Act , 1970 ( No 70 of 1970 ) from the operation of this Act .
CONCLUSION
It is difficult to understand why the Registrar of Deeds still insists on the submission of a letter issued by the Directorate : Land Use and Soil Management , merely confirming the definitions in the Subdivision of Agriculture Land Act , 1970 ( No 70 of 1970 ) with regard to the fact that State land and land situated within the municipal boundary of a municipality prior to 1994 are exempt from the provisions of this Act , before allowing the opening of a township register .
The information regarding the ownership of the land is , in the case of State land , confirmable by the Deeds Office from reference to its own records . There is thus not one coherent reason why a letter confirming that this letter is not required must be obtained from the Directorate : Land Use and Soil Management to open a township register on State land . The details of the land situated within the municipal boundary of a municipality prior to 1994 is available at the Directorate : Land Use and Soil Management . If this directorate makes this information available to the Registrar of Deeds it can be noted against the affected properties and the need for this letter will be eliminated too .
The abovementioned procedures will allow the Directorate : Land Use and Soil Management to focus on its aim to promote , regulate and co-ordinate the sustainable use of natural resources ( land and soil ). Most of all it will allow for one less hurdle to be negotiated by township developers with the opening of township registers and the delivery of housing .
“ The details of the land situated within the municipal boundary of a municipality prior to 1994 is available at the Directorate : Land Use and Soil Management .”
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