Section 6

Save in so far as the contrary may be specified or provided for in any such order or by this section, rights in any land declared to be a Native Communal Reserve under subsection (1) shall be regulated by the customary law of the community for whose use it was declared to be reserved.

Notwithstanding subsection (2), but without prejudice to subsections (4) to (7) inclusive, any such land shall continue to be

State land, and the native community for whose use it was reserved or any member thereof acquiring any rights therein shall hold the same as a licensee from the Government, and if, by virtue of the provisions of this section (including the provisions of any order made under subsection (1)), any individual native customary rights become established, the issue of any document of title in respect thereof shall be in the absolute discretion of the Director:

31

Provided that the Minister may of his own motion or upon petition review and confirm or amend any exercise of such discretion.

If the Minister is satisfied that any part or any area comprised in any declaration under subsection (1) is no longer required as a Native Communal Reserve and that this subsection may be applied without causing injustice or oppression, he may by order signified in the Gazette declare that such part shall cease to form part of such Native Communal Reserve, and as from such date, if any, as from which such declaration is expressed to come into effect, or, if no such date is expressed, then as from the date of publication in the

Gazette of any such order, such part shall be at the disposition of the

Government as free and unencumbered by any right, privilege or equity in respect thereof as if it has never been declared to be a Native

Communal Reserve.

The Minister may, if he considers that the settlement provisions in Part V should be applied to the whole or any part of any

Native Communal Reserve, by order signified in the Gazette so direct, and the Director shall in such case proceed accordingly.

This section shall apply also to native land reserves constituted under section 91 of the former Land Ordinance [Cap.

(1948 Ed.)] and Native Communal Areas constituted under rule 19 of the Land Settlement Rules in like manner to all intents and purposes as if they had been constituted by order under this section, save that if the notification issued under that section or that rule, as the case may be, has not specified for which community any reserve was constituted the same shall be deemed to have been reserved for the community which has in fact made use of the same or if any dispute or question arises, for the community for which the Minister may by order issued under subsection (1) subsequently declare it is to be deemed to have been reserved.

In any case in which this section applies, the question as to whether any person, whether or not such person is a member of the native community for whose use the reserve is or is deemed to be constituted, may exercise any rights or privileges within such reserve shall be determined by the customary law of such community and by

32

such orders, if any, as may have been made under this section, and, save to the extent that any such person may be able to justify his occupation of any land comprised within such reserve, he shall be deemed to be in unlawful occupation of State land and section 209

shall apply thereto.