Land Reform (Labour Tenants) Act, 1996 (Act No. 3 of 1996)

Chapter V : Miscellaneous provisions

38. Deeds registration

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(1) As soon as possible after an order of the Court has been noted by the Registrar in his or her registers in respect of the land units concerned, the Director-General shall—
(a) cause any diagrams necessary for the registration of a deed of  transfer of the awarded land and the registration of a notarial deed of the awarded servitudes to be prepared and approved by the relevant Surveyor-General;

[Section 38(1)(a) substituted by section 43 of Act No. 63 of 1997]

(b) cause a deed of transfer of any awarded to the applicant to be registered in terms of section 31 of the Deeds Registries Act, 1937 (Act No. 47 of 1937), which section shall mutatis mutandis apply: Provided that —

[Section 38(1)(b) substituted by section 43 of Act No. 63 of 1997]

(i) all references to "transferee" shall be deemed to be references to the applicant;
(ii) all references to "notice of expropriation" shall be deemed to be references to the relevant order of the Court containing the award;
(iii) the Director-General may perform all functions and sign all documents required in terms of section 31 of the Deeds Registries Act to achieve the registration of a deed of transfer of the land on behalf of the applicant;

[Section 38(1)(b)(iii) substituted by section 43 of Act No. 63 of 1997]

(c) cause a deed of cession of any awarded servitude to be registered in favour of the applicant in terms of section 32 of the Deeds Registries Act, 1937, which section shall mutatis mutandis apply, provided that—
(i) all references to "cessionary" shall be deemed to be references to the applicant;
(ii) all references to "notice of expropriation" shall be deemed to be references to the relevant order of the Court containing the award;
(iii) the Director-General may perform all functions and sign all documents required in terms of section 32 of the Deeds Registries Act to achieve registration of the servitude on behalf of the applicant.

[Section 38(1)(c) substituted by section 43 of Act No. 63 of 1997]

 

(2) The Minister may direct that any transfer duty, stamp duty or fees in respect of—
(a) the preparation and approval of survey diagrams; or
(b) the transfer of land; or
(c) the registration of servitudes,

in terms of this Act, shall be defrayed in full or in part from money appropriated by Parliament for that purpose.

 

(3)The Minister may, in consultation with the Minister of Finance, direct that no transfer duty or stamp duty contemplated in subsection (2) shall be paid in respect of a particular transaction under this Act.