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Community Development Amendment Act, 1983 (No. 64 of 1983)
GENERAL EXPLANATORY NOTE:
[ ] Words in bold type in square brackets indicate omissions from existing enactments.
__ Words underlined with solid line indicate insertions in existing enactments.
Act
- to amend the Community Development Act, 1966, so as to provide
- for the extension of the duration of certain pre-emptive rights of the Community Development Board; and
- for the payment to the said Board of a portion of the amount for which certain properties acquired in terms of the said Act are sold; and
- to provide for incidental matters.
(English text Signed by the State President.)
(Assented to 10 May1983.)
BE IT ENACTED by the State President and the House of Assembly of the Republic of South Africa, as follows:-
Amendment of section 180 of Act 3 of 1966, as inserted by section 2 of Act 26 of 1982.
1. Section 180 of the Community Development Act; 1966, is hereby amended- .
(a) by the substitution for subsection (1) of the following subsection:
"(1) It shall be a condition of every sale by the board, or by a local authority, statutory body or other body corporate in terms of a delegation or assignment of powers, functions or duties under section 22, of immovable property to a person for residential purposes that, notwithstanding the fact that the total amount of the purchase price, together with all interest thereon, has been paid, such person or his· successors in title shall not sell or otherwise alienate such property within a period of [five] ten years from the date on which the property was bought by such person, unless it has first been offered for sale to the board.";
(b) by the insertion after subsection (6) of the following subsection:
"(6A) (a) When the board rejects in terms of subsection (2) an offer to purchase immovable property or grants in terms· of subsection (6) exemption from the provisions of subsection (1) in respect of such property, the board may order that a portion of the amount for which the property is sold or alienated be paid to the board, and may issue such directions as it may deem necessary to ensure that its order be complied with.
(b) The portion contemplated in paragraph (a) shall be determined by the board with due regard to any principles that may be prescribed by regulation."; and
(c) by the substitution for subsection (8) of the following subsection:
"(8) No transfer of any property in respect of which the condition referred to in subsection (1) applies, shall be passed to a person other. than the board unless there is produced to the registrar of deeds a certificate by the board to the effect that such property has been offered for sale to the board in terms of [the said] subsection (1) and that the offer has been rejected and, if the board has issued an order under subsection (6A) in respect of that property, that such order has been complied with or that steps have been taken to the satisfaction of the board to ensure that it will be complied with.".
Short title.
2. This Act shall be called the Community Development Amendment Act, 1983.
Commencement
20 May 1983
