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Interpretation II

4 October 2007

It reads as follows:
Approval of Application for Township establishment in terms of Section 71 or 98 of Ordinance 15/1986

i. In terms of Section 2(1)(g) of Ordinance 20 of 1986 no consent to subdivision is required where a subdivision of Agricultural Land is registered in order to establish a Township in respect of an application approved under Section 71 or 98 of Ordinance 15 of 1986.

Proof must, however, be furnished that the property is not Agricultural Land as defined in Act 70/1970, and a consent or letter as envisaged in Chief Registrars Circular 6/2002 must be provided.

ii. Where exemption is granted under Section (1)(g) of Ordinance 20/1986 for Registration of a subdivision, the Township register must be opened simultaneously with registration of the subdivision.

iii. Where an application for Township establishment has been approved in terms of Section 71 or 98 of Ordinance 15 of 1986 and a Township Register has been opened, but the Township has not yet been declared an approved Township in terms of Section 79 or 103 of Ordinance 15/1986, no further transactions in respect of land in this Township may be registered until the Township is declared an approved Township in terms of Section 79 or 103 of Ordinance 15/1986 - See Sections 76(4) and 101(4) of Ordinance 15/1986 in this regard.

This means that neither the Township, nor part thereof, or any Erf therein may be transferred, mortgaged or otherwise dealt with until it is declared and Approved Township.

iv. Some Townships have been transferred before proclamation and this was causing tremendous problems. In order to prevent such future mistakes, a caveat must be filed when a Township register is opened, prohibiting dealings with the Township until proclamation has taken place. A copy of such caveat is annexed hereto and must be referred to Interdict Section to be noted against the Township and farm property on which the Township will be opened.

v. Please note this caveat only applies to Townships established under Ordinance 15/1986. It does not apply to Act 4/1984, Act 113/1991, Act 112/1991 and Act 67/1995 townships.

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