I have been living on an allotment for many years and I have a PTO certificate from 1969. Can I claim this land?

The long answer

Yes, I think you have a very good chance to convert your PTO (Permission to Occupy) to a title deed, which would give you ownership of the land. 

This is because the JS Moroka Municipality says it is actively working to upgrade PTOs into formal title deeds through the Upgrading of Land Tenure Rights Act (ULTRA). 

I saw that the Mayor of JS Moroka Municipality, Councillor Nomsa Mtsweni, handed over 1,149 title deeds to people living in Siyabuswa A, B and C and Ga-Phaahla this year, as part of the Title Deeds Friday Campaign.

So, you will need to apply to convert your PTO to a title deed. 

CMS Law says that converting a PTO on communal or tribal land into a formal title deed needs a formal application backed up by a supporting resolution from the local traditional/tribal council.

As you will need an official Letter of Confirmation from your local Traditional Authority (chief or Induna) confirming the exact plot area, it would be a good idea to go and speak to your local Headman (Induna) or the Traditional Council secretary. Ask if the area has been surveyed for upgrading to a formal title deed.

These are the steps you will need to take to apply for a title deed:

1. Go to the human settlements or land administration desk at the Dr JS Moroka Local Municipality Head Office at A2601/3 Bongimfundo Street, Siyabuswa.

2. Submit the following documents:

• The original 1969 PTO certificate

• A certified copy of your Identity Document (ID)

• Proof of relationship if the person who first got the PTO in 1969 has died. (The municipality and the chief must keep a record of all PTO certificate holders.)

• Letter of Confirmation from the Chief / Induna or the Secretary of the Traditional Council.

The verification process is as follows: the municipality, together with surveyors from the provincial CoGHSTA (Dept of Co-operative Governance, Human Settlements and Traditional Affairs), will verify the boundaries of the allotment against the existing general plan of Siyabuswa, so that the PTA can be converted to a title deed by registering it with the Deeds Office.

Wishing you the best,
Athalie