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DEPARTMENT OF RURAL DEVELOPMENT AND LAND REFORM

DEPARTMENT OF RURAL DEVELOPMENT AND LAND REFORM. PRESENTATION TO THE PORTFOLIO COMMITTEE ON RURAL DEVELOPPMENT AND LAND REFORM RESPONSE ON SUBMISSIONS RECEIVED ON SECTIONAL TITLES AMENDMENT BILL, 2013 06 August 2013. Comment from Mr PJ De Klerk : Clause 2(b) of the Bill.

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DEPARTMENT OF RURAL DEVELOPMENT AND LAND REFORM

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  1. DEPARTMENT OF RURAL DEVELOPMENT AND LAND REFORM PRESENTATION TO THE PORTFOLIO COMMITTEE ON RURAL DEVELOPPMENT AND LAND REFORM RESPONSE ON SUBMISSIONS RECEIVED ON SECTIONAL TITLES AMENDMENT BILL, 2013 06 August 2013

  2. Comment from Mr PJ De Klerk : Clause 2(b) of the Bill The definition of ‘developer’ provides for the inclusion of an agent or his or her successor in title to act on behalf of a developer, for purposes of sections 4, 10 and 15B of Act 95 of 1986. Mr De Klerk proposes that section 4 be amended to also provide for the inclusion of a representative to act on behalf of a lessee, in certain circumstances. 1.

  3. Continue – Clause 2(b) The amendment by Mr De Klerk is supported. However, it is necessary that this amendment be referred to the Sectional Titles Regulations Board for further discussion, as it may be necessary to also effect amendments to section 10, section 15B, and other sections of the Act. This proposal will be placed on the agenda of the next Sectional Titles Regulations Board meeting. 2.

  4. Comment - Mr PJ De Klerk : New Clause in Bill • Mr De Klerk proposes that section 27A of Act 95 of 1986 be amended to make reference to ‘management’ rules, and to provide for the processing and transferring of such rights to owners of sections. • This proposal is not supported in view of the repeal of section 27A by the Sectional Titles Schemes Management Act 8 of 2011. The Department of Human Settlements must be approached for such amendment to Act 8 of 2011. 3.

  5. Conclusion: • It is concluded that the Sectional Titles Amendment Bill needs not to be amended to cater for the proposals received from Mr De Klerk.

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