LAND TENURE: UPGRADING OF RIGHTS AMENDMENT ACT IN FORCE SOON

The Upgrading of Land Tenure Rights Amendment Act, 2021, will be in force from 1 June 2024 – along with regulations on converting a land tenure right into an ownership right.

A presidential proclamation announcing the amendment Act’s commencement was gazetted on 24 May 2024, when the new regulations were also published. These regulations replace secondary legislation gazetted on 3 April 2024 and withdrawn three weeks later.

The amendment Act gives effect to a 2018 Constitutional Court ruling on sub-section 2(1) of the principal statute, which was found to be in violation of women’s rights. This is noting that, when the principal statute came into force in 1991, it was assumed that a man headed any household affected by the new legislation and therefore held any deed of grant or right of leasehold to be converted into a right of ownership.

Published by SA Legal Academy Policy Watch

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