South Africa: Consolidated Regulations

REGULATIONS IN TERMS OF THE PROVISIONS OF SECTION 9, 11, 12, 20 AND 31

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Last checked: 9 October 2019

ALIENATION OF LAND ACT

REGULATIONS IN TERMS OF THE PROVISIONS OF SECTION 9, 11, 12, 20 AND 31
[Updated to 22 November 1985]

GoN R2205, G. 8416 (c.i.o 19 October 1982),
GoN R1208, G. 8748 (c.i.o 10 June 1983),
GoN R2230, G. 8919 (c.i.o 7 October 1983),
GoN R243, G. 9065 (c.i.o 17 February 1984),
GoN R1626, G. 9346 (c.i.o 3 August 1984),
GoN R2482, G. 9499 (c.i.o 16 November 1984),
GoN R2596, G. 10015 (c.i.o 22 November 1985).

  1. The Minister of Industries, Commerce and Tourism has, in terms of the provisions of section 9, 11, 12, 20 and 31 of the Alienation of Land Act, 1981 (Act 68 of 1981), and after consultation with the Minister of Community Development in respect of the provisions of the said section 20 and the Minister of Finance in respect of the provisions of the said section 9 and 12, promulgated the regulations contained in the Schedule hereto.
  1. This notice comes into operation on 19 October 1982.
  1. In these Regulations, any word or expression defined in the Alienation of Land Act, 1981 (Act 68 of 1981), bears the meaning so assigned to it and unless the context otherwise indicates—

“conveyancer” means a conveyancer as defined in the Deeds Registries Act, 1937 (Act 47 of 1937);

“the Act” means the Alienation of Land Act, 1981 (Act 68 of 1981).

  1. A purchaser or remote purchaser making any payment to a mortgagee or alienator in terms of section 11(1)(a) of the Act in respect of land sold to such purchaser or remote purchaser, shall—

(a) subject to the provisions of paragraph (b), furnish the person to whom payment is made, with a notice containing the following—

(i) the name and address of the registered owner of the land or intermediary on behalf of whom payment is made;

(ii) whether such payment is made in accordance with the provisions of section 11(1)(a)(i) or 11(1)(a)(ii), alternatively whether such payment is made in the circumstances contemplated in section 11(1)(a)(iii);

(iii) the amount of the payment concerned;

(iv) the full name and postal address of the purchaser or remote purchaser making such payment;

(b) within a period of seven days from the date on which such payment is made, hand the notice referred to in (a) to such mortgagee or alienator, or send it to the mortgagee or alienator concerned by registered post to the address or certificates furnished by the mortgagee or alienator in terms of the provisions of section 7, 8, 9(3) or 10(1) of the Act.

  1. The application by a seller or a purchaser to record a contract in terms of section 20(1)(a) or (c) of the Act shall be embodied in an affidavit substantially in the form prescribed by form A. Such application shall bear an endorsement signed by a practising conveyancer that it was prepared by him and any alteration or interlineation effected thereto shall be initialled by the preparing conveyancer, the applicant and the Commissioner of Oaths before whom it is signed.
  1. An application for the recording of a contract or the cancellation of such recording shall be accompanied by the owner’s copy of the relevant title deed.
  1. The registrar shall record a contract in terms of section 20(2)(a) of the Act by means of an endorsement on the deeds registry copy as well as the owner’s copy of the title form B and shall disclose the date of recording in the endorsement and shall furthermore endorse the fact that the contract has been recorded on the relevant application by signing the recording clause prescribed by form A and disclose the date of recording in such clause.
  1. The application by an owner or seller to cancel the recording of a contract in terms of section 20(2)(c) of the Act, shall be an affidavit substantially in the form prescribed by form C. Such application shall bear an endorsement signed by a practising conveyancer in which it is stated that it was prepared by him and any alteration or interlineation effected thereto, shall be initialled by the preparing conveyancer, the applicant and the Commissioner of Oaths before whom it is signed.
  1. The recording of a contract shall be cancelled by the registrar in terms of section 20(2)(c) of the Act by means of such an endorsement on the deeds registry as well as the owner’s copy of the title deed as he may deem appropriate.
  1. A conveyancer may, in respect of all acts performed by him in regard to the recording of a contract and in regard to the cancellation of such a recording, charge the following fees—

(a) for perusing deed of alienation, attendances on signature by both parties, correspondence, the obtaining of all the necessary endorsements from the office of the Master of the Supreme Court and attendances at the Deeds Office recording the contract, the amount set out in column B of Annexure A;

(b) for verifying that the contract has been legally cancelled, preparing application, attendances on signature by both parties where applicable, correspondence, the obtaining of all the necessary endorsements from the office of the Master of the Supreme Court and attendances at the Deeds Office cancelling the recording—

(i) if the contract is cancelled by mutual agreement, R67;

(ii) if the contract is cancelled for any other reason, the amount set out in column B of Annexure A.

  1. The maximum interest rate for purposes of section 12(1) of this Act in regard to an outstanding balance in terms of a contract shall be an interest rate equal to the maximum interest rate levied by any building society registered in terms of the Building Societies Act, 1965 (Act 24 of 1965), for a corresponding outstanding balance owing in terms of a mortgage bond.

[Reg 9 subs by reg 1 of GoN R2596 in G. 10015.]

  1. A request for a certificate referred to in section 9(5) of the Act, shall be accompanied by an amount of R25.