13 Jul 2022

Kanye residents have been encouraged to register their residential plots with land boards and acquire Secure Land Title Certificates.

Ngwaketsi Land board legal advisor, Ms Kgalalelo Bafedile said this at Kanye main Kgotla when briefing residents on the re-enacted Tribal Land Policy of 2018.

Ms Bafedile said with the current enactment, landowners were required to apply for issuance of a deed of customary land grant within six months of the commencement of the act, which came into effect on April 20, this year.

“All persons whom at the commencement of this Act is already in occupation of land and holds a certificate of customary land needs to register.

All land rights allocated by Dikgosi before establishment of land boards and those allocated by land boards are required to apply to Land Board for registration of their customary land grants or leases within six months of the commencement of the Act, she said.

She explained that failure, refusal or negligence to register would result in the land board signing such documents on behalf of those owners to facilitate speedy registration for all existing certificates.

“It should be borne in mind that the Deed of Customary Land Grant will only be issued for customary land uses such as residential, ploughing fields and boreholes, while common law leases will be issued for business plots,” she said.

Ms Bafedile said the current Act has provisions for compensating those who would be required to vacate the land and grant it to the state. The factors determining compensation include, considerations for the market value of that particular land.

She noted that other changes included a requirement for plot owners to seek consent from the land board in cases where they wish to transfer mortgage bond or lease that runs for periods of five or more years.

Ms Bafedile also noted that land owners would now have to seek permission from the land board in cases they wish to sub divide their plots.

She however said that under the repealed act it was no longer a requirement for the land to be developed in order to be transferred.

That consent, she said would now be required for those selling their plots to non-citizens, as they would be required to publish such intentions of transactions.

“The current act mandates that if a person is transacting on the aforesaid they must advertise the proposed transaction 30 days before the transaction is to take place in the Gazette and any local newspaper,” she said.

In that regard, she said citizens were allowed to make objections to the transactions in writing to the land board who shall ascertain if the reasons warranted the issuance or otherwise.

She however shared that advertising would not be required where property went to a non-citizen due to inheritance or by divorce order.

Ms Bafedile advised that those allocated plots should ensure that they demarcate them immediately as failure to do so within three months after being allocated a plot could result in cancellation.

“The land board may bring such a matter before a land tribunal to get back the tribal land from holder, where the holder is not complying and if successful there will be no compensation made,” she said.

Ngwaketsi Land Board deputy chairperson, Kgotla Bome said under the re-enacted act, application for plots was P50, lost title could be retained at P15 000 while transfer application would cost P3 000.

In his remarks, Bangwaketsi deputy paramount chief, Kgosi Kebapetse Telekelo said it was disheartening that there were no consultation with residents prior to the re-enactment of the Act.

Kgosi Telekelo emphasised the need to take proper care of land titles to avoid paying high penalties. Ends