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PRESIDENT’S OFFICE

No. 849.

22 May 1996

NO. 28 OF 1996: COMMUNAL PROPERTY ASSOCIATIONS ACT, 1996

It is hereby notified that the President has assented to the following
Act which is hereby published for general inform ation:-

ACT

To enable communities to form juristic persons, to be known as communal
property associations in order to acquire, hold and manage property on a
basis agreed to by members of a community in terms of a written
constitution; and to provide for matters connected therewith.

(English text signed by the President.)

(Assented to 15 May 1996.)

WHEREAS it is desirable that disadvantaged communities should be able to
establish appropriate legal institutions through which they may acquire,
hold and manage property in common;

AND WHEREAS it is necessary to ensure that such institutions are
established and managed in a manner which is non-discriminatory, equitable
and democratic and that such institutions be accountable to their members;

AND WHEREAS it is necessary to ensu re that members of such institutions
are protected against abuse of power by other members;

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

Definitions

1. In this Act, unless the context indicat es otherwise-

(i) “association” means a communal property association which is
registered or qualifies for registration in terms of section 8;
(xv)

(ii) “authorised officer” means a person designated as such by the
Director-General; (iii)

(iii) “committee” means a committee elected by the members of an
association to manage the affairs of that association; (viii)

(iv) “community” means a group of persons, which wishes to have
its rights to or in particular property determined by shared rules
under a written constitution and which wishes or is required to
form an association as cont emplated in section 2; (iv)

(v) “constitution” means a constitution adopted in terms of
section 7 by an association; (vi)

(vi) “Director-General” means the Director-General: Land Affairs;
(i)

(vii) “holding of property in common” means the acq uisition,
holding and management of property by an association on behalf of
its members, in accordance with the terms of a constitution; (v)

(viii) “interim committee” means an interim committee referred to
in section 5(2)(e); (xiv)

(ix) “members” means the member s of an association or the members
of a community, as the case may be, including members who comply
with the provisions of paragraph (i) of item 5 of the Schedule,
and for the purposes of sections 12, 13 and 14, shall mean those
members whose names appear on a list contemplated in the said item
5; (ix)

(x) “Minister” means the Minister of Land Affairs; (x)

(xi) “prescribed” means prescribed by regulation; (xvi)

(xii) “property” includes movable and immovable property and any
right or interest in and to movable or immova ble property or any
part thereof; (ii)

(xiii) “provisional association” means a provisiona l communal
property association regist ered under section 5; (xvii)

(xiv) “register” means the register contemplated in section
8(3)(b); (xi)

(xv) “Registration Officer” means an officer of the Department of
Land Affairs appointed by the Director-General as Registration
Officer; (xii)

(xvi) “similar entity” means a trust, association of persons or
company registered in terms of section 21 of the Companies Act,
1973 (Act No. 61 of 1973); (xiii)

(xvii) “this Act” includes any regu lations made in terms of this Act.
(vii)

Application of Act

2. (1) The provisions of this Act sha ll apply to a community-

(a) which by order of the Land Claims Court is entitled to restitution
under the Restitution of La nd Rights Act, 1994 (Act No. 22 of 1994),
where that Court has ordered restitution on condition that an

association be formed in accordance with the provisions of this Act;

(b) entitled to or receiving prop erty or other assistance from the State
in terms of an agreement or in terms of any law, on condition that an
association be formed in accordance with the provisions of this Act;

(c) approved by the Minister in te rms of subsection (2), and to which any
property has been donated, sold or otherwise disposed of by any other
person on condition that an association be formed in accordance with
the provisions of this Act;

(d) approved by the Minister in te rms of subsection (2), and which is a
group acquiring land or acquiring rights to land and which wishes to
form an association in accordance with the provisions of this Act.

(2) The Minister may, with due re gard to the objects of this Act, approve
a community contemplated in paragraph (c) or (d) of subsection (1) for the
purposes of this Act if he or she is satisfied that the community is
disadvantaged and that it is in the pub lic interest that such approval be
given, having regard to the nature and curre nt use of the land.

(3) The Minister may on application by a similar entity, and having had
due regard to the objects of this Act and the public interest, by notice in
the Gazette, and subject to such qualif ications or conditions as he or she
may determine, make the provisions of section 8, 9, 10, 11, 12, 14 or 16, or
any subsection thereof, applicable to such entity.

(4) For the purposes of subsection (3), any reference to an association
shall be deemed to be a reference to the en tity in question.

(5) Where a community has, prior to the commencement of this Act,

established a similar entity through a democratic process, the
Director-General may, if such community wishes to establish an association
contemplated in this Act, exempt such community from such provisions of
section 6, 7 or 8 as may place an unnecessary burden on the community,
having regard to the procedure that was followed by the community in
establishing such entity.

Seal of Communal Property Associations

3. There shall be a seal of Communal Property Associations and judicial
cognizance may be taken of the impression of such seal.

Exemption from liability

4. No act or omission of whatever nature by the Director-General,
Registration Officer or any officer or other person performing functions
under the authority of the Director-General or Regi stration Officer, as the
case may be, in terms of this Act, sh all subject the Director-General, the
Registration Officer, or any such offi cer or person to any liability for any
loss or damage sustained by any person as a result of any such act or
omission, unless such act or omission was in bad faith or constituted gross
negligence.

Registration of provisional association

5. (1) A community may apply to the Director-General for the registration
of a provisional communal property association.

(2) An application for registration in terms of subsection (1) shall
contain-

(a) the intended name of the provisional association;

(b) information demonstrating that th e community is a community as
contemplated in section 2;

(c) a clear identification of any land or right to land or other right
which may be acquired by the provisi onal association;

(d) a list of names and, where readily available, identity numbers of the
intended members of the provisional association: Provided that where
it is not reasonably possible to provide the names of all the intended
members concerned, the application shall contain-

(i) principles for the iden tification of other persons entitled to
be members of the provisional association; and

(ii) a procedure for resolving disputes regarding the right of
other persons to be members of the provisional association;

(e) a list of the names of the interim committee democratically elected
to represent the provisional association during the period prior to
registration as an association;

(f) an undertaking signed by the members of the interim committee
that, pending the adoption of the final constitution by the members of
the provisional association in terms of section 7 and the registration
thereof in terms of section 8, the provisional association will comply
with the principles as stated in sect ion 9;

(g) any other information reasonably required by the Director-General
relating to the right to occupy and use land and the settlement of the
community on such land.

(3) If the Director-General is satisfied that the provisional association
qualifies for registration under this Act, he or she shall refer the
application and his or her written consent to the Registration Officer, who
shall register the provisional association in the prescribed manner,
allocate a registration number and issue a provisional communal property
association certificate to such provisional association.

(4) Upon registration of a provisional associ ation-

(a) the provisional association may acquire a right to occupy and use
land for a period of 12 months from the date of registration of the
provisional association: Provide d that the Director-General may
extend the period of 12 months for a further period of 12 months only
if he or she extends the period referred to in subsection (5) for a
further period of 12 months;

(b) the provisional association sh all not, until the registration of an
association in terms of this Act, in any way alienate such right in
land;

(c) the provisional association shall be a juristic person with the
capacity to sue or be sued.

(5) If any provisional association fails to adopt a constitution within
12 months from the date of registrati on of a provisional association, the
Minister may approve a draft constitution prepared by the Director-General
for such provisional association, and cause the provisional association to
be registered as an association in te rms of this Act: Provided that the

Director-General may extend the period of 12 months for a further period of
12 months if there is good cause for him or her to do so.

Drafting of constitution

6. (1) A community wishing to procure the registration of an association
under this Act may apply to the Director -General for assistance in the
preparation of a draft constitution.

(2) The Director-General shall, after receiving an application in terms
of subsection (1), designate any officer in the Department of Land Affairs
or any other person to provide the community with su ch assistance as may be
required and available for the preparati on of a draft constitution.

(3) A community may submit a draft constitution to the Director-General
for consideration.

(4) The Director-General may suggest am endments to such draft
constitution in order to make it comply with the provi sions of section 9,
and shall notify the community of the reasons for such suggestions.

Adoption of constitution

7. (1) When a community or a provi sional association wishes to adopt a
constitution it shall notify the Direct or-General accordingly and shall
convene a meeting or meetings in such manner as may be prescribed for the
adoption of constitutions.

(2) An authorised officer shall attend the meeting or meetings
contemplated in subsection (1), to take minutes of the proceedings, to
witness the adoption of the constitution and to prepare a report setting out
his or her observations in relation to-

(a) whether the notice of the meeti ng was effective in ensuring the
presence of members of the community at the meeting;

(b) the number of members of the co mmunity present at the meeting or
validly represented at the meeting, and whether the various interest
groups in the community were repr esented at such meeting;

(c) the number of members of the community who voted in favour of and the
number who voted against the adoption of the constitution or any
specific provisions thereof;

(d) whether the interests of any person or group of persons are likely to
be adversely affected as a result of the adoption of the constitution;

(e) the views of any dissenting persons; and any other matter which the
Minister may prescribe or which may be relevant to the exercise of the
Director-General’s discretion.

(3) The community or provisional associ ation shall, as soon as
practicable after the adoption of the constitution, submit it together with
the prescribed information to the Director-Gener al.

(4) Any person claiming to have been excluded from participation in the
process of preparation and adoption of the constitution or claiming that the
process was not fair may lodge a complaint with the Director-General, who
may, if he or she is satisfied on reasonable grounds that the complaint is
material, refuse to cause the associa tion to be registered until the issue
has been resolved to the satisfaction of the Director-Gener al.

Registration of associations

8. (1) The Director-General shall consid er an application for
registration of an association together with any prescribed information, the
report referred to in section 7(2) and the constituti on adopted by the
association.

(2) An association shall qualify for registration if-

(a) the provisions of this Act apply to the community concerned;

(b) the association has as its ma in object the holding of property in
common;

(c) the constitution adopted by it complies with the principles set out
in section 9;

(d) the constitution adopted by it deals with the matters referred to in
the Schedule;

(e) the meeting or meetings referr ed to in section 7 were attended by a
substantial number of the members of the community; and the resolution
to adopt the draft constitution was supported by the majority of the
members of the community pres ent or represented at the meeting or
meetings:

Provided that the Director-General may cause an association to be
registered if he or she is satisfied that-

(i) there has been substantial compliance with the provisions of

paragraphs (a) to (f) of this subsection;

(ii) the constitution reflects the view of the majority of the
members of the association; and

(iii) the constitution has been adopted through a process which
was substantially fair and inclusiv e.

(3) (a) If the Director-General is satisfied that the association
qualifies for registration he or she shall refer the application,
constitution and his or her own written consent, to the Registration
Officer, who shall register the association in the prescribed manner,
allocate a registration number, and issue a certificate of registration.

(b) The Registration Officer shall keep a register of registered
provisional associations, associations and similar entities to which the
provisions of this Act have been made applicable in terms of section 2(3).

(c) On request and on payment of the prescribed fee the Registration
Officer shall provide members of the public with information contained in
the register and with a copy of the consti tution of any registered
association or similar entity.

(4) If the Director-General is not satisfied that the association
qualifies for registration he or she shall notify the community of the steps
to be taken to procure the registration of the association.

(5) The Director-General may assist a community to deal with any issue
which is to be addressed in order to pr ocure the registration of the
association.

(6) Upon the registration of an association-

(a) the association shall be established as a juristic pe rson, with the
capacity to sue and be sued;

(b) the association may acquire rights and incur obligations in its own
name in accordance with its constitution;

(c) the association may, subject to the provisions of its constitution-

(i) acquire and dispose of imm ovable property and real rights
therein;

and

(ii) encumber such immovable property or real rights by mortgage,
servitude, or lease or in any other manner;

(d) the association shall have perpetual succession regardless of changes
in its membership;

(e) the constitution shall be a le gally binding agreement between the
association and its members a nd shall be deemed to be a matter of
public knowledge; and

(f) in the case of an application by a provisional association,
the
provisional association shall be deregistered and its assets
transferred to the association.

(7) A person appointed to a committ ee of an association shall stand in a
fiduciary relationship to the members of the association.

(8) The Minister may, on application made to him or her in the prescribed
manner, determine, on such conditions as he or she may lay down, that the
laws governing the establishment of townships and, in the case of
agricultural land as defined in the Subdivision of Agricultural Land Act,
1970 (Act No. 70 of 1970), the provisions of that Act, shall not apply in
respect of land registered in the name of an association.

(9) An association registered under this Act shall reflect on all
correspondence and contract s the fact that it is so registered, and its
registration number.

(10) No amendment of a constitution of an association registered under
this Act shall be valid or binding un til it has been accepted by the
Director-General in writing and lodged with the Regi stration Officer.

(11) The provisions of sections 6 and 7 and subsections (1) to (5) of
this section, shall apply mutatis mutandis with regard to any proposed
amendment of the constitution of an a ssociation registered under this Act:
Provided that the Director-General shall waive compliance with the
provisions of section 7 if he or she is satisfied that the amendment was
adopted in terms of the constitution, th at the nature of the amendment is
such that compliance with those provisi ons is not necessary, and that the
amendment does not have a material adverse effect on the rights of members.

Principles to be accommodated in constitutions

9. (1) The constitution of an association shall be consistent with the
following general principles:

(a) Fair and inclusive decision-making processes, in that-

(i) all members are afforded a fair opportunity to participate in
the decision-making processes of the association;

(ii) any decision to amend the constitution or dissolve the
association, or to dispose of or to encumber the property of the
association, requires an inclusive decision-making process; and

(iii) the membership of any person may only be terminated on
reasonable grounds by the association after the matter has been
considered at a fair h earing at which the member was given an
opportunity to present his or her case;

(b) equality of membership, in that-

(i) there is no discrimination against any prospective or existing
member of the communit y, directly or indirectly, and, without
derogating from the ge nerality of this provision, on one or more
of the following grounds, namely race, gender, sex, ethnic or
social origin, colour, sexual orientation, age, disability,
religion, conscience, belief, culture or language: Provided that
a constitution may reflect the rules of a community with regard to
the age at which a member may attend and vote at meetings of the
association and the age at which a member may receive an
allocation of land rights;

(ii) where different classes of membership are created-

(aa) the basis for differentiation is compatible with the
overriding principle of equality;

(bb) and a community already occupies land, different classes
shall not lead to different rights to land or resources among
those members of the community who occupy the land, where no
such differentiation existed previously; and

(cc) all members within a class of membership have equal rights;

(c) democratic processes, in that all members have the right-

(i) to receive adequate notice of all general meetings of the
association;

(ii) to attend, speak at and part icipate in the voting at any
general meeting;

(iii) to receive copies of minutes or to have other reasonable
access to records of decisions taken at general meetings;

(iv) to inspect and make copies of the financial statements and
records of the association; and

(v) to have access to a copy of the constitution;

(d) fair access to the property of the association, in that-

(i) the association shall mana ge property owned, controlled or
held by it for the benefit of the members in a participatory and
non-discriminatory manner;

(ii) a member may not be exclude d from access to or use of any
part of the association’s property which has been allocated for
such member’s exclusive or the communal use except in accordance
with the procedures set out in the constitution; and

(iii) the association may not sell or encumber the property of the
association, or any substantial part of it, without the consent of
a majority of the memb ers present at a general meeting of the
association;

(e) accountability and transparency, in that-

(i) accountability by the committee or committees to the members
of the association is promoted;

(ii) the financial records of th e association are subject to an
annual independent verifica tion, as approved by the
Director-General;

(iii) all the cash of the association shall be deposited in an
account opened in the name of the association with a bank
registered in terms of the Banks Act, 1990 (Act No. 94 of 1990),
or a mutual bank registered in terms of the Mutual Banks Act, 1993
(Act No. 124 of 1993), or with the Post Office Savings Bank
contemplated in section 52 of the Post Office Act, 1958 (Act No.
44 of 1958), or such other institution as may be approved by the
Director-General;

(iv) the association may not purchase or acqui re for consideration
shares other than shares which are listed on a licensed stock
exchange as defined in the Stock Exchanges Control Act, 1985 (Act

No. 1 of 1985);

(v) there shall be effective financial management and recording of
the transactions of the association;

(vi) the committee members shall have fiduciary responsibilities
in relation to the a ssociation and its members, and shall exercise
their powers in the best interests of all the members of the
association, without a ny advantage to themselves in comparison
with other members who are similarly placed.

(2) The constitution of an associ ation shall be interpreted in a manner
which is consistent with the spirit and objects of the principles referred
to in subsection (1).

Information, conciliation and other assistance

10. (1) The Director-General may have forms, pamphlets and other
documents prepared and distributed in order to promote the achievement of
the objects of this Act.

(2) The Director-General may, of his or her own accord or at the request
of a community, an association, a provisi onal association or any member
thereof, appoint a conciliator acceptable to the parties to a dispute to
assist in resolving any issues for the purpose of the preparation or
adoption of a constitution or to resolve a dispute between an association or
provisional association and its members or between members or committee
members: Provided that if the parties to the dispute do not reach agreement
on the person to be appointed, the Di rector-General may appoint a person who
has adequate experience or knowledge in conciliating community disputes.

(3) A conciliator appointed in te rms of subsection (2) shall attempt to
resolve the dispute-

(a) by mediating the dispute;

(b) by fact-finding relevant to the re solution of the dispute;

(c) by making a recommendation to the part ies to the dispute;

(d) in any other manner that he or she considers appropriate.

(4) The conciliator shall report to the Directo r-General and the parties
on the result of his or her conciliation a nd make recommendations in
relation thereto.

(5) All discussions taking place and all disclosures and submissions made
during the conciliation process shall be privileged, unl ess the parties
agree to the contrary.

(6) The Director-General may from time to time appoint persons or
organisations acceptable to a community and with releva nt knowledge or
expertise to provide assistance and support to such commu nity for the
purposes of section 6.

(7) Any person contemplated in subsection (2) or (6) who is not in the
full-time service of the State may fro m moneys appropriated by Parliament
for this purpose, be paid such remuneration and allowances in respect of the
services rendered as may be determined by the Minister in consultation with
the Minister of Finance.

(8) The Minister may, in consultation with the Minister of Finance
institute other programmes for the provision of assistance to communities or
associations or provisional associations for the purposes of this Act.

Monitoring and inspection

11. (1) An association or provisional association registered under this
Act shall, at the prescribed times, furn ish prescribed documents and
information to the Director-General in order to enable him or her to monitor
compliance with the provisions of the relevant constitution and this Act.

(2) The Director-General may undert ake an inspection of the affairs of an
association or provisional association.

(3) The Director-General may, for the purposes of this section-

(a) inspect and remove for copying any records, reports and other
documents relating to the affairs of an association or provisional
association;

(b) subpoena persons who may have relevant information or documentation
in respect of the affairs of an association or provisional association
to appear before him or her to provide information or documentation in
relation to the affairs of the association or provisional association,
if the attendance of such pe rsons cannot reasonably be procured
otherwise.

(4) A subpoena issued in terms of subsec tion (3)(b) shall be served in
accordance with the manner prescribed for the service of subpoena in terms
of the Magistrates’ Courts Act, 1944 (Act No. 32 of 1944).

(5) Any person who is duly subpoenaed in terms of subsection (3)(b) and
who fails, without lawful excuse, to appear or to provide the required
information or documentation, shall be guilty of an offence and liable to
the punishment provided in the said Magi strates’ Courts Act, 1944, for
failure to comply with a subpoena issued in terms of that Act.

(6) If a dispute arises within an association or provisional association
the Director-General may, of his or he r own accord, or at the request of a
member of the association or provisional association-

(a) undertake an enquiry into the ac tivities of the association or
provisional association, in which event he or she shall take
reasonable steps to ensure that interested parties are made aware of
the enquiry and of its outcome;

(b) advise the association or pr ovisional association and the members of
their respective rights and obligations;

(c) make a conciliator contemplated in section 10(2) available to assist
in the resolution of the dispute;

(d) require the members to conduct an election for a new committee, if
the integrity, impartiality or effectiveness of the committee or any
member of the committee is in question;

(e) initiate proceedings contemplated in section 13; or take such other
reasonable measures as he or she considers appropriate in the
circumstances.

(7) When acting in terms of subs ection (6) the Director-General shall be
guided by the aim of resolving the di spute in accordance with the provisions
of the constitution of the association.

(8) The identity of a member making a request in terms of subsection (6)
or the fact that a request has been ma de by a member need not be disclosed
if there are reasonable grounds for believi ng that such member may be
victimised.

(9) If the membership of a member has been terminated, the association or
provisional association shall inform th e Director-General and provide the
Director-General with the prescribed information relating to the termination.

Approval for certain transactions

12. (1) An association may not dispose of or encumber or conclude any
prescribed transaction in respect of the whole or any part of the immovable

property of the association, or any real rights in respect thereof, without
the consent of the majority of members present at a general meeting of
members.

(2) Such consent may be given in respect of a series of transactions,
without identifying each individua l transaction.

(3) Any disposal, mortgage, encumbrance or prescribed tran saction in
contravention of subsection (1) shall be voidable.

(4) A member who alleges that an association has concluded a transaction
contrary to the provisions of subsection (1) may request the
Director-General to assist him or her in challenging the validity of such
transaction.

(5) The Director-General may, if he or she considers it desirable having
regard to the nature and seriousness of the allegation, make a conciliator
contemplated in section 10(2) available to assist in the re solution of the
dispute.

(6) The Director-General shall, at the request of an association, appoint
an authorised officer to attend a gene ral meeting of an association and to
take such other steps as may be necessary in order to certify that a
transaction referred to in subsection (1) has been duly approved at a
general meeting and is in accordance with the constitution of the
association.

Administration, liquidation and deregistration

13. (1) A division of the Supreme C ourt or a Magistrate’s Court having
jurisdiction in respect of the area in which the property of the association
is situated or the area in which the land which may be acquired by a
provisional association is situated, ma y, on application made by the
Director-General, an association or provisional associ ation or any member
thereof, or any other interested person, place the association or
provisional association under the administration of th e Director-General or
grant a liquidation order in respect of an association or provisional
association, where the association or provisional association, because of
insolvency or maladministration or for any other cause is unwilling or
unable to pay its debts or is unable to meet its obligations, or where it
would otherwise be just and equitable in the circumstances.

(2) The Director-General shall, pur suant to an administration order
referred to in subsection (1), have such powers to manage the affairs of the
association or provisional association as the Court, subject to the
provisions of this Act, may determine.

(3) The Director-General may, upon written application by an association
or provisional association, cause such an association or provisional
association to be deregistered, if he or she is satisfied that-

(a) a resolution in favour of deregistration was adopted at a meeting
attended by a substantial number of the members of the association or
provisional association;

(b) the resolution was adopted by a ma jority of members present or
represented at the meeting; and

(c) all relevant matters which reasonably have to be addressed prior to
deregistration, including the way in which the asse ts and liabilities
of the association or provisional association will be dealt with, have
been addressed.

(4) Where the Court orders the liquidation of an association or
provisional association, it shall make such order as to the distribution of
the assets of the association or provisional association as it deems just
and equitable, having considered any recomm endations which the
Director-General may make in this regard.

(5) The Minister may prescribe the pr ocedure to be followed in an
application contemplated in subsection (1), and set out the powers and
duties of the Director-General, the Registration Officer, the association,
members and interested parties in those situations.

Offences

14. (1) A person shall be guilty of an offence if he or she-

(a) in breach of the provisions of a constitution grants or purports to
grant to any person rights in re spect of the property of an
association or access to such property;

(b) acts in breach of the fiduciary relationship contemplated in section
8(7);

(c) abuses any power or authority vested in him or her by the members of
the association or provisional association by doing any thing or
refraining from doing any th ing or threatening to do or refrain from
doing any thing, in such a manner that the benefits or rights of a
member are prejudiced or threatened;

(d) incites or attempts to incite any person to commit the offence

contemplated in paragraph (c);

(e) grants or purports to grant to any person other than a member of that
provisional association any righ t in respect of the rights of a
provisional association referred to in section 5(4)(a).

(2) The Director-General shall, if so requested by the committee or the
association-

(a) take the necessary steps to establish to his or her satisfaction
whether the membership of a person has been duly terminated in terms
of the constitution; and

(b) if he or she is satisfied that the membership of the person concerned
has been so terminated, issue a certificate to that effect.

(3) In a prosecution under sectio n I of the Trespass Act, 1959 (Act No. 6
of 1959), and in any proceedings for the eviction of any person from
property owned, controlled or managed by an association, a certificate
issued by the Director-General in terms of subsection (2) shall be prima
facie proof of the correctness of the contents thereof.

(4) Any person convicted of a contravention of subsection (1) shall be
liable to a fine or to imprisonment for a period not exceeding ten years or
to both such fine and imprisonment.

Delegation of powers and assignment of du ties by Director-General

15. (1) The Director-General may-

(a) delegate to any officer of the Department of Land Affairs or, with
the prior approval of the Premier of the province concerned, to any
officer in the service of that provincial government, any power
conferred upon him or her by or under this Act, eith er generally or in
a particular case;

(b) authorise any such officer to perform any duty assigned to him or her
by or under this Act except the duty referred to in section 6(
2).

(2) Any delegation under this section shall not prevent the exercise of
the relevant power by the Director-General himself or he rself, and the
Director-General shall be entitled to rescind, review or withdraw any
decision or action taken by any person to whom he or she has delegated any
power.

Appeals

16. Any person aggrieved by a decision of the Director-General may in the
prescribed manner appeal to the Minister, who may uphold the appeal in whole
or in part and rescind or vary the deci sion, or dismiss the appeal.

Annual report by Director-General

17. The Director-General shall in ev ery calendar year submit to the
Minister a report concerning associations and provision al associations and
the extent to which the objects of this Act are being achieved, and the
Minister shall table the report in Parliament.

Regulations

18. (1) The Minister may make regul ations intended to give effect to the
implementation of this Act.

(2) Any regulation made under subsecti on (1) may in respect of any
contravention thereof or failure to comply therewith prescribe a penalty of
a fine or imprisonment for a period not exceeding five years, or both such
fine and imprisonment.

Short title

19. This Act shall be called the Communal Property Associations Act, 1996.

SCHEDULE

MATTERS TO BE ADDRESSED IN THE CONSTITUTION OF A COMMUNAL
PROPERTY
ASSOCIATION

(Section 8(2)(d))

1. Name of the association.

2. Address of the association.

3. Objects of the association, in cluding the identity of the community.

4. Land or property to be owned by the association, if known.

5. Qualifications for membership of the association, including a list of
the names and, where readily available, identity numbers of the intended
members of the association: Provided that where it is not reasonably
possible to provide the names of all the intended memb ers concerned, the

constitution shall contain-

(i) principles for the identification of other persons entitled to
be members of the association; and

(ii) a procedure for resolving di sputes regarding the right of
other persons to be members of the association.

6. Classes of membership (if any) and the rights of members of different
classes.

7. The rights of members to the use of the association’s property.

8. Whether membership is based on individuals or families; if based on
families, how the family is to be represented in the decision-making process
of the association.

9. The grounds and procedure for terminating membership, and what happens
to the rights and property of the member concerned.

10. The property: The purposes for which it may be used, and the physical
division and allocation of the property.

11. Whether members may sell their rights and, if so, to whom.

12. What happens to a member’s rights on his or her death.

13. How the committee is to be elected, its terms of office, its powers,
the powers of members in relation to decisions made by the committee, the
power of members to remove the committee or members of the committee, and
payment (if any) of the committee members.

14. How and when the Annual General Meeting is to be called, the quorum
or other measure of representativity at an Annual General Meeting, and
procedure at an Annual General Meeting.

15. General Meetings: How and when General Meetings are to be called, the
quorum or other measure of representativ ity at a General Meeting, and
procedure at a General Meeting.

16. The powers of the association, and any limitations on them.

17. Who is responsible for keeping minutes of meetings, and access to the
minutes by members.

18. Financial matters: How the money of the association will be dealt

with, who will have the right to make payments on behalf of the association,
how and by whom the financial records will be kept, what provision there
will be for independent verification of the financial records, distribution
and division of profits, responsibility and apportionment of working
expenditure, and access to financial information by members.

19. How the constitution may be changed.

20. How the association may be dissolv ed, and in that event what will
happen to the assets of the association.

21. Disciplinary matters, and in particular how corruption, nepotism and
offences referred to in section 14 of the Act are to be dealt with.

22. How disputes in the association are to be resolved.