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AGRICULTURAL (COMMERCIAL) LAND REFORM ACT 6 OF 1995
[ASSENTED TO 15 FEBRUARY 1995] [DATE OF COMMENCEMENT: 6 DECEMBER 1995](Unless otherwise indicated)
(Signed by the President)
as amended by
Agricultural (Commercial) Land Reform Amendment Act 16 of 2000Agricultural (Commercial) Land Reform Amendment Act 2 of 2001
[as amended by sec 30 of Act 13 of 2002]
Agricultural (Commercial) Land Reform Amendment Act 13 of 2002Agricultural (Commercial) Land Reform Amendment Act 14 of 2003Agricultural (Commercial) Land Reform Second Amendment Act 19 of 2003
ACTTo provide for the acquisition of agricultural land by the State for the purposes of landreform and for the allocation of such land to Namibian citizens who do not own or otherwise have the use of any or of adequate agricultural land, and foremost to thoseNamibian citizens who have been socially, economically or educationallydisadvantaged by past discriminatory laws or practices; to vest in the State apreferent right to purchase agricultural land for the purposes of the Act; to provide for the compulsory acquisition of certain agricultural land by the State for the purposesof the Act; to regulate the acquisition of agricultural land by foreign nationals; toestablish a Lands Tribunal and determine its jurisdiction; and to provide for mattersconnected therewith.
ARRANGEMENT OF SECTIONS
1Definitions
PART ILAND REFORM ADVISORY COMMISSION
2Establishment of Land Reform Advisory Commission3Functions of the Commission4Composition of the Commission5Term of office6Vacation of office and filling of vacancies7Remuneration and allowances8Meetings9Committees10Disclosure of interest11Prohibition on publication or disclosure of information12Expenditure13Performance of functions of Commission
PART IALAND ACQUISITION AND DEVELOPMENT FUND
13AEstablishment of the Land Acquisition and Development Fund13BAppropriation of the Fund13CAdministration of the Fund13DAccounting responsibility
PART IIACQUISITION OF AGRICULTURAL LAND BY STATE FOR PURPOSES OF LANDREFORM
14Power of Minister to acquire agricultural land for purposes of land reform15Inspection of agricultural land to be acquired
PART IIIPREFERENT RIGHT OF STATE TO PURCHASE AGRICULTURAL LAND
16Definition for purposes of Part III17Vesting in State of preferent right to purchase agricultural land17APeriod of validity of certificates of waiver 18Restriction on transfers of agricultural land
 
PART IVCOMPULSORY ACQUISITION OF AGRICULTURAL LAND
19Definition for purposes of Part IV20Power of Minister to expropriate certain property21Passing of ownership in expropriated property22Duties of owner of property expropriated23Offers of compensation24Advance payment of portion of compensation offered25Basis on which compensation is to be determined26Compensation for rights under unregistered leases27Determination of compensation by the Lands Tribunal or by arbitration in absence of agreement28Orders as to costs29Effect of application for determination of compensation and of noting of appeal30Discharge of debt secured by mortgage bond, and payment of compensation for certain unregistered rights31Deposit of compensation money with Master 32Termination of unregistered rights in respect of land expropriated33Withdrawal of expropriation notice34Expropriation of remainder where portion of land is expropriated35Application of Expropriation Ordinance, 1978
PART VALLLOTMENT OF AGRICULTURAL LAND
36Definition for purposes of Part V37Power of Minister to alienate, lease or dispose of certain State land or agricultural land37ADevelopment or improvement of land38Subdivision of land39Preparation and publication of allotment plans40Disposal of farming units reverting to the State41Applications for allotment and consideration of applications42Duration and registration of leases43Rent of farming unit leased44Occupation of farming unit leased45Termination of lease46Restraint on certain transactions by lessee of farming unit47 to 49 inclusive......50Cancellation of lease51Debts due under lease cancelled or surrendered52Insolvency of lessee53Death or mental illness of lessee54 to 56 inclusive......57Right to enter and inspect
PART VIRESTRICTION ON ACQUISITION OF AGRICULTURAL LAND BY FOREIGN NATIONALS
58Restriction on acquisition of agricultural land by foreign nationals59Acquisition and holding of agricultural land for foreign national60Agricultural land unlawfully acquired or held60AOffence relating to sale or disposal otherwise of agricultural land61Restrictions upon registration of agricultural land62Exemptions under this Part
PART VIITHE LANDS TRIBUNAL
63Lands Tribunal64Oath of office65Assessors66Registrar of Lands Tribunal67Seat and jurisdiction of Lands Tribunal68Proceedings of Lands Tribunal69Rules of Lands Tribunal70Representation71Summoning of witnesses72Costs73Contempt of Lands Tribunal
 
 74Appeals75Expenses of Lands Tribunal
PART VIIILAND TAX AND GENERAL
75ADefinition for purposes of Part VIII76Land tax76ARepresentatives of owners of agricultural land76BExemption from land tax77Regulations78Service of notices and documents79Penalty for hindering or obstruction79ADelegation of powers and assignment of duties80Authority for limitation of rights in respect of immovable property81Title and commencement
1 Definitions
In this Act, unless the context otherwise indicates-
"agricultural land"
means any land or an undivided share in land, other than-
(a)
land situated in a local authority area as defined in section 1 of the Local Authorities Act,1992 (Act 23 of 1992);
(b)
land situated in a settlement area as defined in section 1 of the Regional Councils Act, 1992(Act 22 of 1992);
(c)
land of which the State is the owner or which is held in trust by the State or any Minister for any person ;
(d)
land which the Minister by notice in the
Gazette
excludes from the provisions of this Act;
"agricultural purposes"
includes game farming;
"alienate"
, in relation to agricultural land, means sell, exchange, donate or otherwisedispose of, whether for any valuable consideration or otherwise, and includes, in the casewhere such land is registered in the name of-
(a)
a company, the sale or transfer of shares of the company which results in the controllinginterest in the company being passed to another person; or 
(b)
a close corporation, the sale or transfer of any member's interest in the close corporation, or any portion of such interest, which results in the controlling interest in the close corporationbeing passed to another person,and
"alienation"
has a corresponding meaning;
[Definition of "alienate" substituted by sec 1
(a)
of Act 13 of 2002.]
"body corporate"
means a body corporate established by an Act of Parliament, but doesnot include a company or close corporation formed by virtue only of being registeredrespectively under the Companies Act, 1973 (Act 61 of 1973), and the Close CorporationsAct, 1988 (Act 26 of 1988);
[Definition of "body corporate" inserted by sec 1
(b)
of Act 13 of 2002.]
"close corporation"
means a close corporation registered under the Close CorporationsAct, 1988 (Act 26 of 1988);
"Commission"
means the Land Reform Advisory Commission established by section 2;
"company"
means a company registered in terms of the Companies Act, 1973 (Act 61 of 1973);
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