Section 7: Counter deed

7. Counter deed (1) Subject to subsection (3), where the parties to a document, whether a notarial deed or a document under private signature, are parties to a counter deed which discloses that duty leviable on the transaction witnessed by the related document has been evaded, they shall be jointly liable to the duty on the counter deed and to a penalty. (2) (a) The duty on the counter deed under subsection (1) shall be an amount equal to the duty which would have been leviable on the transaction witnessed by the related document had it specified the true consideration for the transaction, and no account shall be taken of any duty already paid on the related document. (b) The penalty leviable under subsection (1) shall be equivalent to the duty leviable under paragraph (a). (3) No counter deed shall be drawn up where the counter deed is in respect of a transfer of immovable property. [S. 7 amended by Act 9 of 1997; s. 23 (e) of Act 26 of 2012 w.e.f. 22 December 2012.] 8. — [S. 8 repealed by s. 23 (f) of Act 26 of 2012 w.e.f. 22 December 2012.] 9. — [S. 9 amended by Act 23 of 1992; repealed by s. 15 (b) of Act 28 of 2004 w.e.f.26 August 2004.]