Section 37: Inscription of privilege
consolidated text (as at 2017, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
37. Inscription of privilege
(1) The Registrar-General may, at any time, inscribe a privilege on all
properties belonging or which may subsequently belong to the transferee or
the transferor for any amount of duty or taxes remaining unpaid under Parts II,
III, IV and VIA and section 36, as appropriate and shall, within 5 working
days from the date the privilege has been inscribed, give written notice
thereof to the person.
(2) The authorised officer may cause an inscription of privilege to be inscribed on all properties belonging or which may subsequently belong to a
person for any amount of tax due under Parts V and VI by that person and
shall, within 5 working days from the date the privilege has been inscribed,
give written notice thereof to the person.
(3) (a) The inscription enrolled under subsection (1) shall be erased by
the Registrar-General within 5 working days from the date of payment of the
duty or tax.
(b) The inscription may be erased in respect of any property belonging to the debtor where the Registrar-General is satisfied that the value of his
other properties is sufficient to secure payment of the amount due.
(4) The inscription of privilege under subsection (2) shall be erased upon
a request in writing to that effect by the authorised officer within 5 working
days from the date of payment of the tax.
(5) Where an inscription of privilege is erased under this section, the Registrar-General or the authorised officer, as the case may be, shall, within 5
working days from the date of the erasure, give written notice of the erasure
to the person.
[S. 37 amended by Act 23 of 1992; Act 9 of 1997; Act 25 of 2000; s. 17 (i) of Act 20 of
2002 w.e.f. 1 July 2002; s. 8 (8) (b) of Act 17 of 2003 w.e.f. 21 July 2003; s. 32 (b) of Act 9
of 2015 w.e.f. 14 May 2015.]
L4 – 23 [Issue 9]
Land (Duties and Taxes) Act
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Questions this section answers
- Can the Registrar-General register a privilege over my properties if I don't pay duty or tax owed?
- Once I pay what's owed, must the privilege over my property be removed?