- Government
Gazette
14632
-
- STATE
PRESIDENT'S
OFFICE No.
375.
10
March
1993
-
It
is
hereby
notified
that
the
State
President
has
assented
to
the following
Act
which
is
hereby
published
for
general
information:-
-
- NO.
15
OF
1993:
SECTIONAL
TITLES
AMENDMENT
ACT,
1993.
-
- GENERAL
EXPLANATORY
NOTE:
-
- Words
in
bold
type
indicate
omissions
from
existing
enactments.
Words
in
italics
indicate
insertions
in
existing
enactments.
-
ACT
-
- To
amend
the
Sectional
Titles
Act,
1986,
so
as
to
emend
the
definition
of "Minister";
to
provide
that
a
lessee
of
a
part
of
a
building
in
terms
of a
lease
agreement
concluded
with
a
previous
owner
of
the
building
will continue
to
enjoy
the
same
protection
when
the
building
is
bought
by
a developer;
to
delete
the
provision
in
terms
of
which
the
Minister
may determine
certain
fees
to
be
paid
to
architects
and
land
surveyors;
and
to provide
for
the
alienation
and
mortgaging
of
a
right
to
extend
a
building
-
in
terms
of
the
Sectional
Titles
Act,
1971;
and
to
provide
for
matters
-
connected
therewith.
-
- (English
text
signed
by
the
State
President.
) (Assented
to
26
February
1993.)
-
- BE
IT
ENACTED
by
the
State
President
and
the
Parliament
of
the
Republic of
South
Africa,
as
follows:-
-
- Amendment
of
section
1
of
Act
95
of
1986,
as
amended
by
section
1
of
Act
63 of
1991
-
- 1.
Section
1
of
the
Sectional
Titles
Act,
1986,
is
hereby
amended
by the
substitution
in
subsection
(1)
for
the
definition
of
"Minister"
of
the following
definition:
-
- "'Minister'
means
the
Minister
of
Public
Works
Regional
-
and
Land
Affairs;".
-
- Amendment
of
section
4
of
Act
95
of
1986,
as
amended
by
section
2
of
Act
63 of
1991
-
- 2.
Section
4
of
the
Sectional
Titles
Act,
1986,
is
hereby
amended
by the
substitution
for
subsection
(3A)
of
the
following
subsection:
-
- "(3A)
For
the
purposes
of
subsection
(3)
'lessee'
means
a
lessee
who
is a
party
to
a
lease
entered
into
with
the
developer
or
any
of
his
predecessors
in
title.
".
-
- Amendment
of
section
55
of
Act
95
of
1986
-
- 3.
Section
55
of
the
Sectional
Titles
Act,
1986,
is
hereby
amended
by the
deletion
of
paragraph
(i).
-
- Amendment
of
section
60
of
Act
95
of
1986,
as
amended
by
section
25
of
Act
-
63
of
1991
-
- 4.
Section
60
of
the
Sectional
Titles
Act,
1986,
is
hereby
amended
by the
substitution
for
subsection
(1)
of
the
following
subsection:
-
- "(1)
Notwithstanding
the
repeal
of
the
Sectional
Titles
Act,
1971
(Act
-
No.
66
of
1971),
by
section
59
of
this
Act-
-
- (a)
the
registration
of
a
sectional
plan
and
the
opening
of
a
sectional title
register
in
respect
of
a
development
scheme
which
was
prior
to the
date
of
coming
into
operation
of
this
Act
(in
this
section
referred to
as
the
commencement
date)
already
approved
by
a
local authority
under
the
provisions
of
the
Sectional
Titles
Act,
1971;
or
-
- (b)
a
right
of
extension
of
a
building
acquired
in
terms
of
section
18 of
the
Sectional
Titles
Act,
1971,
-
- shall
be
completed
or
exercised
in
terms
of
the
provisions
of
the Sectional
Titles
Act,
1971,
as
if
it
has
not
been
so
repealed:
Provided
that a
right
as
referred
to
in
paragraph
(b)
in
respect
of
which
a
certificate
of
real
right
has
been
issued-
-
- (i) shall
for
all
purposes
be
deemed
to
be
a
right
to
urban
immovable
property
which
admits
of
being
mortgaged;
and
-
- (ii) may
be
transferred
by
the
registration
of
a
notarial
deed of
cession:
-
- Provided
further
that
nothing
in
this
Act
contained
shall prevent-
-
- (a)(aa)
the
registration
of
a
sectional
plan
and
the opening
of
a
sectional
title
register;
-
- (b)(bb)
the
acquisition
of
a
real
right
of
extension;
or
-
- (c)(cc)
the
exercising
of
a
right
of
extension,
in
terms of
the
provisions
of
this
Act.".
-
- Short
title
-
- 5.
This
Act
shall
be
called
the
Sectional
Titles
Amendment
Act,
1993.
|
