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but does not include Communal Land or land within the boundaries of an urban local
authority or within a township established under a law relating to town and country
planning or as defined in a law relating to land survey.
―land‖ includes anything permanently attached to or growing on land;
―piece of agricultural land‖ means a piece of agricultural land registered as a separate piece
of land in a Deeds Registry.
(2) Where agricultural land is required for a public purpose, including—
(a) settlement for agricultural or other purposes;
(b) land reorganisation, forestry, environmental conservation or the utilisation of wild life
or other natural resources; or
(c) the relocation of persons dispossessed as a result of the utilisation of land for a purpose
referred to in subparagraph (a) or (b);
the land may be acquired by the State by notice published in the Gazette by the acquiring
authority and identifying the land, whereupon the land vests in the State with full title with
effect from the date of publication of the notice.
(3) Where agricultural land, or any right or interest in such land, is compulsorily acquired
for a purpose referred to in paragraph (a), (b) or (c) of subsection (2)—
(a) no compensation is payable in respect of its acquisition, except for improvements
effected on it before its acquisition;
(b) no person may apply to court for the determination of any question relating to
compensation, except for compensation for improvements effected on the land before
its acquisition, and no court may entertain any such application; and
(c) the acquisition may not be challenged on the ground that it was discriminatory in
contravention of section 4.13.
(4) All agricultural land which—
(a) was itemised in Schedule 7 to the former Constitution; or
(b) before the effective date, was identified in terms of section 16B(2)(a)(ii) or (iii) of the
former Constitution;
continues to be vested in the State, and no compensation is payable in respect of its acquisition
except for improvements effected on it before its acquisition.
(5) As soon as practicable after agricultural land is acquired in accordance with subsection
(3), the officer responsible for the registration of title over land must, without further notice,
effect the necessary endorsements upon any title deed and entries in any register for the purpose
of formally cancelling the title deed and registering the State’s title over the land.
(6) An Act of Parliament may make it a criminal offence for any person, without lawful
authority, to possess or occupy agricultural land referred to in this section or other State land.
(7) This section applies without prejudice to the obligation of the former colonial power to
pay compensation for land referred to in this section that has been acquired for resettlement
purposes.
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