Land owned by communities
Land controlled by a community could be private land (where the community owns it), or State land held in trust for the community by the Minister of Land Affairs or the Ingonyama Trust. The Act states that where land is controlled by a community, regardless of the ownership of the land, the executive body of that community is the owner. The executive body can exist in terms of:
- its constitution (where the community has formed a communal property association and owns the land)
- any law (for example, where a tribal authority was appointed by law) or
- custom or customary law (where a chief or headman and the tribal elders may control the land)
The executive body of any community which controls land held in trust by the Minister of Land Affairs or the Ingonyama Trust must become a member of an FPA if one is registered in the area where the land is located. Several different communities might control portions of a single piece of State land held in trust. Each community should be represented in the FPA by its executive body.