Dr Samantha Smith holds a BSocSci, LLB, LLM, and PhD (Law) from the University of Cape Town. Skilled in socio-legal analysis, critical thinking, and creative and technical writing, she previously worked in investigative legal research, with a special focus on animal law and environmental policy. As the firm's chief content writer and editor, Samantha handles all STBB content, including social media, newsflashes, newsletters, articles and advertisements for publication in magazines and online portals, tenders and proposals, legal updates and presentations, webinar and podcast advertisements, biographies, brochures, information sheets, content for special projects, and various digital publications.

STBB Newsflash | Enhancing property rights: Communal Property Associations Amendment Act signed into law

Passed by Parliament in 2018, the Communal Property Associations Amendment Act (‘the Amendment Act’) was finally gazetted on Tuesday, 8th October 2024. The Amendment Act, which alters various provisions of the Communal Property Associations Act (‘the principal Act’), was introduced to enhance the rights of communities in respect of property administered by communal property associations.

Designed to facilitate equitable and non-discriminatory land ownership, the formation of communal property associations enables communities that acquired land through the mechanisms of the Restitution of Land Rights Act to manage property in common in accordance with the terms of a written constitution by the members of a community.

Intended to clarify the core objectives of communal property associations, the Amendment Act provides for, inter alia, the creation of a Communal Property Associations Office and appointment of a Registrar, general plans administered by an association, improvement of the management functions of associations, several transitional arrangements, and the insertion, deletion, and amendment of various statutory definitions to facilitate the effective implementation of the principal Act. Significantly, the Amending Act clarifies that property held by a communal property association is owned by the community and not the association itself.

Importantly, the legislative amendments seek to ameliorate some of the challenges faced by the Department of Rural Development and Land Reform in operationalising the provisions of the principal Act since the law’s promulgation in the mid-1990s. These challenges include, but are not limited to, abuse of power by individuals elected to serve on the committees of associations, land invasions, limited legislative scope for state intervention, poor financial management, and minimal departmental oversight and monitoring attributed to capacity constraints.

Given these obstacles, it is no surprise that the Commission on Restitution of Land Rights recently reported that 82% of communal property associations were non-compliant with the provisions of the principal Act.

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