O. Acts Relating to Property

O. Property Practitioners Regulatory Authority Act

The right to own property in South Africa is enshrined in Section 25 of the Constitution. The registration of rights to and over immovable property is regulated by the Deeds Registry Act, 1937, which sets out the registration requirements and processes necessary for the transfer of ownership or creation of real rights in respect of land, including the process whereby security is registered in favour of...

O1. Property Practitioner’s Bill

The long-debated Property Practitioners Bill has been signed into law and will be replacing and repealing the 43-year-old Property Agency Affairs Act. Whereas the old Act regulated the conduct and dealings of only property practitioners, the Bill has extended the parameters to include all “property practitioners” such as property practitioners, commercial property brokers, bridging finance...

O2. The Rental Housing Act, 50 of 1999

Aim of the Act  To define the responsibility of the Government in respect of rental housing property; to create mechanisms to promote the provision of rental housing property; to promote access to adequate housing through creating mechanisms to ensure the proper functioning of the rental housing market; to make provision for the establishment of Rental Housing Tribunals; to define the functions,...

O3. Sectional Title Act

What are the purposes of these Acts? It’s the conferring and registration of rights in, and the disposal of, common property, the establishment of Bodies Corporate to control common property and for that purpose to apply rules. - The purpose of this Act is: - To provide for the division of buildings into sections and common property and for the acquisition of separate ownership in sections coupled...

O4. The Sectional Title Schemes Management Act

The purpose of this Act is for the: - Establishment of bodies corporate to manage and regulate sections and common property in sectional title schemes - Application of rules applicable to such schemes - Establishment of a sectional titles scheme management advisory council - Provision for incidental matters. This Act is always used in conjunction with the Sectional Titles Act. Overview of...

O5. Community Schemes Ombud Service Act

The Community Schemes Ombud Service Act 9 of 2011 aims: To provide for the establishment of the Community Schemes Ombud Service; To provide for its mandate and functions; and To provide for a dispute resolution mechanism in community schemes; and To provide for matters connected therewith. One of the purposes of the Act is to provide for a dispute resolution mechanism in the context of...

O6. Housing Development Schemes for Retired Persons Act, 65 Of 1988

The Aim of the Act: “To regulate the alienation of certain interests in housing development schemes for retired persons.” Formalities in respect of contracts: - All provisions relating to the alienation of a housing interest to a retired person must be contained in a contract, and such contract must be signed by the parties or their practitioners so authorised in writing. - The provisions...

O7. The Prevention of Organised Crime Act, 121 Of 1998

Purpose of the Act To introduce measures to combat organised crime, money laundering, and criminal gang activities; to prohibit certain activities relating to racketeering activities; to provide for the prohibition of money laundering and an obligation to report certain information; to criminalise certain activities associated with gangs; to provide for the recovery of the proceeds of unlawful activity;...

O8. Protection of Personal Information Act (POPI)

POPI refers to South Africa’s Protection of Personal Information Act which seeks to regulate the Processing of Personal Information. Personal Information broadly means any information relating to an identifiable, living natural person or juristic person (companies, CC’s etc.) and includes, but is not limited to: contact details: email, telephone, address etc. demographic information: age,...

O9. Financial Advisory and Intermediary Services Act (FAIS)

The Financial Advisory and Intermediary Services Act, or the FAIS Act for short, exists to protect you, the consumer, from receiving inadequate financial advice. The FAIS Act states that anyone who provides financial advice must be registered with the Financial Sector Conduct Authority (FSCA). This means only registered financial practitioners can give you advice about which insurance products (or any...

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