Section 3: Conditions for transcription of affidavit

3. Conditions for transcription of affidavit Notwithstanding any other enactment, no affidavit of prescription shall be transcribed in the registers kept by the Conservator— (a) unless the affidavit contains a mention of the situation, description and exact boundaries of the immovable property forming the subject matter of the affidavit and the open market value of the property at the time of completion of the statutory period for prescription; (b) unless the affidavit contains the date on which the occupation started and is accompanied by a site plan showing the precise location of the property; A6 – 1 [Issue 6] Affidavits of Prescription Act (ba) unless— (i) in respect of the party alleged to have acquired the immovable property by prescription, the affidavit contains— (A) his first name or names, in small letters, followed by his surname in capital letters, and his National Identity Card Number, where available, in format XXXXXXXXXXXXXX (14 characters); (B) his occupation and the postal address of his residence; (C) his date of birth in format DD/MM/YYYY, with a reference to the registered number of his birth certificate in format Birth Certificate No./Year of Registration of Birth and the Civil Status Office where the birth was registered; (D) where applicable, his date of marriage in format DD/MM/YYYY, with a reference to the registered number of the marriage certificate in format Marriage Certificate No./Year of Marriage, the Civil Status Office where the marriage was registered and the matrimonial regime applicable to him at the time of the transfer; and (E) where applicable, his business registration number under the Business Registration Act in format XXXXXXXXX (9 characters); (ii) in respect of the immovable property, the affidavit contains— (A) the address of the property, the Parcel Identification Number (PIN) where available, together with a site plan showing the precise location; (B) the area of land in format Xm2 up to 2 decimal places and the nature and description of the building, if any, on it; and (C) the value of the property in format Rs X; (iii) with respect to the drawing of the affidavit— (A) the typeface is “Cambria” in regular style and has font size of 12 point and the affidavit is printed on A4 size paper of not less than 90 grams; (B) every page is consecutively numbered on the bottomright, page 1 of the total number of pages, page 2 of the total number of pages and so on and so forth and any annex thereto is numbered on the bottom-right, page 1 of the total number of pages, page 2 of the total number of pages and so on and so forth; (C) any date mentioned is in format DD/MM/YYYY; [Issue 6] A6 – 2 (D) it does not contain any abbreviation, interlineation or superscription, and any word erased or scratched out has to remain legible; (E) on the recto of every sheet, there is a blank margin of 3 centimetres on the left and one centimetre on the top, right and bottom except on the first and last sheets, where the top margin is to be 10 centimetres; (F) on the verso of every sheet, there is a blank margin of 3 centimetres on the right and one centimetre on the top, left and bottom; (G) the marginal entry is made on the last page; and (H) where it contains marginal corrections which may be handwritten or words which have been erased or scratched out, it contains a certificate, to which the person filling the original shall affix his signature or his initials, setting out the number of marginal corrections made and n is to be 10 centimetres; (F) on the verso of every sheet, there is a blank margin of 3 centimetres on the right and one centimetre on the top, left and bottom; (G) the marginal entry is made on the last page; and (H) where it contains marginal corrections which may be handwritten or words which have been erased or scratched out, it contains a certificate, to which the person filling the original shall affix his signature or his initials, setting out the number of marginal corrections made and the number of words erased or scratched out; (c) until after the expiry of 3 months from the date of the last publication of the notice required under section 4 (2). [S. 3 amended by s. 48 (1) of Act 46 of 1984 w.e.f. 16 July 1984; s. 4 of Act 15 of 1988 w.e.f. 1 July 1988; s. 2 of Act 20 of 2009 w.e.f. 19 December 2009; s. 2 (a) of Act 20 of 2011 w.e.f. 11 November 2011; suspended by s. 3 (1) of Act 23 of 2012 w.e.f. 23 October 2012.]