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  • S o u t h A f r i c a n D e e d s J o u r n a lS o u t h A f r i c a n D e e d s J o u r n a lMarch 2008 Issue No. 14March 2008 Issue No. 14

    CROSS-BORDER INSOLVENCIES

    COUCHING OF A WAIVEROF PREFERENCE IN A

    SECTIONAL BOND

    WAIVER OFLEGAL EXCEPTIONS

    REGISTRARS' CONFERENCERESOLUTIONS OF 2007

    THE RECOGNITION OFCUSTOMARY MARRIAGES

    ACT, 120 OF 1998Department of Land Affairs

    CHIEF REGISTRAR OF DEEDS

    Land AffairsDepartment:

    REPUBLIC OF SOUTH AFRICA

    land affairs

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  • GUIDELINES FOR ARTICLESIN THE SADJ

    SADJ welcomes contributions, in any of the 11 official languages,

    especially from deeds office staff and practitioners. The following

    guidelines should be complied with:

    1. Contributions should as far as possible be original and not published elsewhere.

    2. Contributions should be useful or of interest to the conveyancing practice and land

    issues. The decision of the editorial committee is final.

    3. Authors are required to provide their involvement or interest in any matter discussed

    in their contributions.

    4. Footnotes should be avoided. Case reference, for instance, should be incorporated into

    the text.

    5. When referring to publications, the publisher, city and date of publication should be

    provided. When citing reported or unreported cases and legislation, full reference details

    should be included.

    6. Articles should be in a format compatible with and should either be

    submitted by e-mail or, together with a printout, on a stiffy or compact disk. Letters to the

    editor, however, may be submitted in any format.

    7. The editorial committee and the editor reserve the right to edit contributions as to style

    and language and for clarity and space.

    8. Acceptance of material for publication is not a guarantee that it will be included in a

    particular issue, since this must depend on the space available.

    9. Articles should be submitted to Allen West at e-mail: ASWest@dla.gov.za or Private Bag

    X659, Pretoria 0001.

    Micro-soft Word

    Land AffairsDepartment:

    REPUBLIC OF SOUTH AFRICA

    land affairs

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  • Land AffairsDepartment:

    REPUBLIC OF SOUTH AFRICA

    land affairs

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  • News

    Property Law Update

    Case Law

    Books

    Letters to the Editor

    Other features

    DISCLAIMER

    HOW TO SUBSCRIBE

    PRINTER

    Discussion on section 35A of the Income Tax Act 25Cross-Border Insolvency Law 30

    Couching of Waiver of Preference in a Sectional Bond 3Massing and Adiation vis vis Massing and Election 5Registrars' Conference Resolutions of 2007 8The Recognition of Customary Marriages Act, 120 of 1998 9Beneficiary's Disposal in a Trust and Transfer Duty Implications 17Sales from Estates: Section 18(3) Act 66 of 1965 19Chief Masters Directive 3 of 2006: Appointment of Executorsand/or Master's Representatives in Deceased Estates by the Master 20Waiver of Legal Exceptions 25Change of Names of Building Societies and Banksof Immovable Property in South AfricaDoes Agricultural Land Still Exist given the Stalwo v Wary case? 32

    Conveyancing Through the Cases 34

    Articles Published in Legal Journals 34

    Testamentary Conditions and Redistribution Agreements Reply 1 35Section 4(1)(b) A rethink 35Lapsing of Real Rights of Extension 36SADJ October 2006 Transfer Duty : Acquisition of Immovable 36Property by a Company, Close Corporation or Trust:Article by PS Franck

    The Deeds Registry as a Necessary Economic Infrastructure 2Long Distance Runner 7Reflecting the Past 40 Years 14Deeds Training Spreads its Wings 16

    The views expressed in the articles published in this journal do not bind theDepartment of Land Affairs and the Chief Registrar of Deeds. The ChiefRegistrar of Deeds does not necessarily agree with the views of thecontributors.

    Anybody who would like to be placed on the mailing list for the SADJ, mustsubmit their postal address to SCMohlake@dla.gov.za

    Lesedi Litho Printers88 Visagie Street, PRETORIA

    27

    The new year has literally commenced

    with a bang, albeit with or without load

    shedding. This issue is once again

    bumper-packed with interesting

    articles and news.

    Photos are provided on courses and conferences for readers to try

    and identify previous Registrars and Deeds Office officials.

    The 2007 resolutions taken by the Registrars are included. Please

    note that they have become operative with effect from 2 January

    2008.

    The article chosen as the best article in the previous issue was theone by the former Registrar of Deeds Kimberley, Mr WillieSwanepoel on Fideicommissums. Accolades were received fromfar and wide for the article on Robben Island together with thesuperb photography. Thanks once again Loodt on a well-researched article.

    Abelated blessed new year to all.

    Contributions may be sent to the Editor:

    Via e-mail or post

    AS West

    Private Bag X659

    PRETORIA

    0001

    This journal is also published on the Department of Land Affairs'

    website:

    A S West A Boraine L J Vosloo R Rossouw A van Wyk M M

    Meyer LKilbourne I Broodryk M Grov T Maree

    Our Front Cover picture this month shows a colourful row of

    historic houses on the slopes of Signal Hill in the Cape Town city

    bowl, which is known as the Malay Quarter, so named after the

    inhabitants who have lived there since they were freed from

    slavery in the early 1800s. The area is a major tourist attraction,

    hence the colourful outside paint schemes of some of the houses.

    It is hardly imaginable that in the 1930s, due to the deterioration of

    many of these historic buildings, it was considered demolishing

    the houses to make way for development. A very informative

    paper, written by Cape Town professor Fabio Todescini and

    published on the website .

    org.victoriafalls2003/papers/A2-6%20-%20 Todescini.pdf gives

    an authoritative insight in the background of the Malay Quarter, or

    Bo Kaap and its inhabitants, who have shaped this unique

    heritage site.

    ALLEN WEST - EDITOR

    CONTRIBUTORS:

    COVER PHOTO

    ASWest@dla.gov.za

    www.dla.pwv.gov.za

    http://www.international.icomos

    Editorial Committee

    Allen West (Editor) - Deeds TrainingJoanne Dusterhoft - King William's TownTebogo Monnanyana - BloemfonteinAli van der Ross - VryburgHennie Geldenhuys - Office of the Chief Registrar of DeedsLood Vosloo (Sub-Editor) - Cape TownZandr Lombaard (Scribe) - Deeds Training (Scribe)Dorethea Samaai - Directorate: Communication ServicesMarie Grov - Deeds TrainingElizabeth Govender - PietermaritzburgAlan Stephen - JohannesburgLevina Smit - KimberleyGeorge Tsotetsi - Office of the Chief Registrar of DeedsGustav Radloff - Conveyancer, MacRobert Inc.Andr Schoeman - Office of the Surveyor General, Pretoria

    ontentsC ditorialEAllen West - Editor

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  • 2

    The Deeds Registry as a NecessaryEconomic Infrastructure By: Professor Andreas van WykUniversity of Stellenbosch

    Astrike of Deeds Registry officials during 2006 hardly received

    attention in the highest quarters of Government. The reaction

    might well have been that it is a strike by just another relatively

    obscure group of aggrieved civil servants, within the

    Department of LandAffairs.

    In reality, the offices of the registrars of deeds, which are

    mostly situated in areas where there are also Divisions of the

    High Court, form a vital piece of economic infrastructure.

    Without it our modern free market system would hardly

    function or function with great difficulty, as has been shown in

    countries aligned to the former Soviet Union. Likewise, in

    many Third World Countries, the lack of a proper land register

    stifles economic development.

    As an everlasting asset, land forms the most obvious security

    one has to offer for the repayment of a loan. However, this

    presupposes that the particular piece of land may be clearly

    identifiable. Only then will individual or institutionalized money

    lenders be prepared to provide credit on the strength of a real

    right against the debtor's land this which we nowada