Land (Amendment) Order, 1986 (No. 27 of 1986)

Supplement No. 3 to Gazette No. 12 of 6th March, 1987 land (Amendment) Order, 1986 Order No. 27 of 1986 Published by the Authority of His Majesty the King on the advice of the Military Council Price: 15 Lisente Amendment the words of section 2 of A. 17 of 1979 ORDER NO. 27 OF 1986 Latui (A.mendment) Orcter, .1.986 (Date of Commencement: See section 1) ORDER To amend the Land Act, 1979. 1. This Order may be cited as the Land (Amendment) Short trtle Order, 1986, and is deemed to have come into operation on the and 20th day of January, 1986. commence ment 2. Section 2 of the Principal Act is amended, (a) in the definition of "allottee" by deleting "or licence"; (b) by deleting the definition of "licence"; (e) in the definition of "title" by deleting the words "Of licence". 3. Section 4 of the principal Act is amended by deleting Amendment the word "licence". of section 4: of A. ]7 of 1979 4. Section 6 of the principal Act is amended, (a) by deleting paragraph (a) and substituting the follow ing paragraph, "(a) a citizen, of Lesotho who is a Mosotho"; (b) by deleting paragraph (b); (e) in paragraph (c), by deleting the words "citizens of Le­ sotho" and substituting the following words, "citizens of Lesotho who are Basotho"; (d) in paragraph (f), by deleting the words "citizens of Le­ sotho". and SUbstituting the following words, "citizens of Lesotho who are Basotho": and (e) by adding after subsection (2) the following new sub­ sections, "(3) For the purposes of this section, the question whether a person is a citizen of Lesotho who is a Moso­ tho shall be determined by the Minister. (4) Nothing in subsection (1) (a), (c), (e) and (f) shall be construed as affecting the rights of persons or bodies lawfully holding title to land before the com­ mencement of this Order." Amendment of section 6 of A. 17 of ]979 5. Section 11 of the principal Act is amended by deleting Amendment the words "or licence" occurring in the marginal note and in of seetton 11 the section. ~~71' 11 (}f 6, Section 20 of the principal Act Is amended by deleting the words "or licence" occurring in the marginal note and in the section. 7. Section 21 (2) (a) of the principal Act is amended by deleting the words "Of licence". 8. Section 27 (2) of the principal Act is amended by delet­ ing the words "or licence, as the case may be". 9. Section 28(3) of the principal Act is amended by delet­ ing the word "licences" and substituting the word "allocations", 10. Section 30 (1), of the principal Act is amended by delet­ ing the words "or licences" and "or licence" and substituting the following words respectively, "or allocations" and "or alloca­ tion". 11. Section 31 of the Principal Act is amended by deleting the words "or licence" and substituting the words "or allocation". 12. Section 33 of the principal Act is amended by deleting the words "and licences' 13. 'Part IV of the principal Act is amended by deleting from the heading the words "and licences". 14. Section 34 of the principal Act is amended by deleting the words ','and licences", 15. Section 35(2) of the principal Act is repealed and re­ placed by the following subsection, "(2) Notwithstanding subsection (1) (b), (a) no consent shall be required to a lessee's disposal of his interest by valid will or surrender if the lease is in respect of land held for residential, commercial or in­ dustrial purposes only; and (b) no consent shall be given for the disposal of an interest in land which is undeveloped except as the 'Minister may determine having regard to any special circum. stances or speculative dealings in land." Amendment of section SO and "or rtl A. 17 of 1979 ' 16. Section 36 of the principal Act is amended, (a) by deleting subsection (1); (b) by inserting after subsection (5) the following new subsection, "(6) The decision of the Minister to withhold consent under this section shall be final and shall not be questioned in any court of law." 17. Section 38 of the principal Act is repealed. 18. Section 43 of the principal Act is repealed. 19. Section 45· of the principal Act is amended, (a) by repealing the following words "licencees", "of ter­ mination of their licence or" and "as the case may be"; and (b) by inserting the following new subsection after sub section (2), II (3) Where the Minister has declared any area of agricul­ tural .land to be a selected development area under this section, the lessee or allottee of such land shall be entitled to compensation for any loss 'incurred through being dep­ rived of his land." 20. Section 46(2) of the principal Act Isrepealed and re­ placed by the fallowing subsection, .. (2) Where the development scheme is such as not to per­ mit the grant of a lease for the purpose of which the lessee 'or allottee formerly held the land, the lessee or allottee shall have the option of either accepting a plot for anyone of the purposes of the development scheme or of claiming compensation for being deprived of his lease or allocation." 21. Section 49 of the principal Act is amended by deleting the words "or licence" occurring in the marginal note and in the section. 22. Section 50 of the principal Act is. amended, (a) by deleting the following words, "or licence" terminated"; (b) by renumbering section 50 as section 50 (1) ; and (c) by inserting after section 50(1) .the following new subsection, . .. (2) Where the, Minister has declared ~ny area of agricul­ tural land to be a selected' agricultural area under this Amendment of section 36 of A. 17 cd 1979 Repeal of se-ction 38 cd A. 17 of 1979 Repeal of section 43 of A. 17 of 1979 Amendment of section 45 of A. 17 of 1979 Repeal and replacement of section 48 (2) &f A. 17 of 1979 Amendment of section 49 ,.f A. 17 of 1979 Amendment of section 54 (2) (a) of A. 17 of 1979 Repeal and replacement of section 56 (2) (a) of A. I" of 1979 Amendment of section 61 (1) <>f A. 17 of 1979 Amendment of section 63 of A. 17 of 1979 Repeal of section 70 of A. 17 of 1979 Amendment of section 71 (2) of A. 17 of 1979 Amendment of aect'ioll 75 (2) (a) of A. 17 of 1979 section, the lessee or allottee of such land shall be entitled to compensation for any loss incurred through being dep­ rived of his land." 23. Section 54(2) is amended by deleting paragraph (e). 24. Section 56(2) (a) of the principal Act is repealed and replaced by the following paragraph, "( a) to the value of the property as certified by the Govern­ ment valuer having regard to the present and replacement value;" 25. Section 61(l) of the principal Act is amended by dele­ ting the words "or licence". 26. Section 63 of the principal Act is amended by deleting the words "or licence" and "In the case of a lease". 27. Section 70 of the principal Act is repealed. 28. Section 71(2) of the principal Act is amended by dele­ ting the words "or licence" 29. Section 75(2) (a) of the prlnclpal Act is amended by deleting the words "and licences". . 80. ',Section 83(1) of the principal Act is amend~,by dele ting the words "or licence", . . Amendment of section 83 (1) of A.17 of 1979 Amendment of &OOtion 89 (a) of A. 17 of 197t Amendment of TMrd Schedu\<e to A. 17 of 1979 81. (a) (b) 32. (a'o» Section 89 of the principal Act is amended, in paragraph fa) by deleting the words "and licence"; and ' in paragraph (1) by deleting the words "and licence fees". The Third Schedule to the principal Act is amended, in Fonn B, by deleting the words "or licence"; in Fonn C. 3, (1) by deleting the words "a licence" occumng in paragraph (l); (11) by deleting the word "licence" occurring in para­ graph (2); and (111) by deleting the alternative paragraph (3). Moahoesboe 11