Section 19: Right of pre-emption
consolidated text (as at 2016, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
19. Right of pre-emption
(1) For the purposes of section 28 of the Land (Duties and Taxes) Act,
every deed of transfer shall be subject to a resolutory condition (condition
résolutoire) of a right of pre-emption (droit de préemption) in favour of the
State.
(2) Every notary shall—
(a) when drawing up a deed containing provision for a transfer,
make known to the parties to the deed the provisions of subsection (1) and shall insert a clause in the deed to that effect;
(b) when registering the transfer, provide the Receiver with a certificate stating the notarial costs of the transfer.
R15 – 9 [Issue 1]
Registration Duty Act
(3) The Receiver shall not register any deed in respect of which subsection (2) has not been complied with.
[S. 19 amended by Act 46 of 1984; Act 48 of 1991; s. 27 (13) (b) of Act 33 of 2004 w.e.f.
1 July 2006; s. 4 (k) of Act 4 of 2006 w.e.f. 2 October 2004.]