| (1) |
Subject to the provisions of subsection (2), the Director-General shall defray all expenditure in connection with the performance of the functions of a commissioner from money appropriated by Parliament for this purpose. |
| (2) |
Every applicant, other than a person referred to in subsection (7), who is in terms of this Act entitled to the allocation or transfer of designated land, or of an undivided share in or a defined portion of designated land, shall pay to the Director-General an amount to cover— |
| (a) |
the cost, as determined by the commissioner, of the allocation or transfer to him of the land, undivided share or defined portion concerned, and, in the case of a portion referred to in section 10(2)(a), the cost of the survey contemplated in section 10(2)(c); and |
| (b) |
such applicant’s share, as determined by the commissioner, of the other expenditure incurred in terms of this Act in connection with the land concerned, including the remuneration and allowances referred to in section 3(3). |
| (3) |
Such amount shall be paid by the Director-General into the National Revenue Fund established by section 185 of the Constitution of the Republic of South Africa, 1993 (Act No. 200 of 1993). |
[Subsection (3) substituted by section 15 of Act No. 11 of 1995]
| (4) |
If designated land, or an undivided share in or a defined portion of such land, is to be allocated or transferred to two or more applicants jointly, such applicants shall be liable jointly and severally for the amount which is payable in terms of subsection (2) to the Director-General in respect of the share or portion concerned. |
| (5) |
The provisions of section 33(10) of the Deeds Registries Act, 1937 (Act No. 47 of 1937), shall mutatis mutandis apply with reference to the registration of the transfer of land, or of an undivided share in or a defined portion of land, allocated in terms of this Act, and for that purpose the date upon which the land, share or portion concerned is allocated or sold to the transferee in terms of this Act shall be deemed to be the date of acquisition by him of that land, share or portion: Provided that— |
| (a) |
an applicant who, at any time before the allocation to him of land, or a share in or portion of land, in terms of this Act, has paid transfer duty in respect of that land, share or portion or in respect of any land, share or portion in the place of which that land, share or portion has been so allocated for transfer to him, shall not be liable for any further payment of transfer duty in respect of the land, share or portion allocated to him; |
| (b) |
notwithstanding anything to the contrary in the Transfer Duty Act, 1949 (Act No. 40 of 1949), contained, the value of land, or of a share in or portion of land, for the purposes of the payment of transfer duty by an applicant to whom that land, share or portion has been so allocated, shall be determined by the commissioner on such basis, or having regard to such circumstances, as he may generally or in the particular case deem to be fair or relevant. |
| (6) |
Subject to the provisions of subsection (2), the Director-General may, upon the recommendation of the commissioner, pay on behalf of an applicant any moneys for the payment of which such applicant is liable in terms of section 33(10) of the Deeds Registries Act, 1937, as applied by subsection (5) of this section. |
| (7) |
The Minister shall, if he is of the opinion that the financial circumstances of the persons referred to in section 2(1) are such that they would not be able to pay the amount referred to in subsection (2), direct in the notice published under that section, that the amount be defrayed in full or in part from money appropriated by Parliament for this purpose. |
Close Corporations Act, 1984
