Supreme Court Act, 1959
R 385
Share Blocks Control Act 1980 (Act No. 59 of 1980)Schedule 1 - (Section 8 (3))3. Objection to opening of Sectional Title Register in relation to property |
| (1) | Any person who, within one month as contemplated in item 2 (4) (b), lodges a written objection with the company, shall set out fully in that objection the reasons for his objection to the opening of the sectional title register referred to in item 1 or to any aspect of the particulars or rules referred to in item 1 (b). |
| (2) | When a company receives a written objection referred to in sub-item (1), it shall not take any further steps to effect the opening of the said sectional title register, until it has complied with the provisions of item 5. |
| (3) | A person referred to in sub-item (1) may, within two months from the date of his objection or such extended period as the company may allow, withdraw such objection or apply to the court for an order in terms of which the company is directed to modify the particulars or rules referred to in item 1 (b) or is prohibited from taking such steps as the court may determine to effect the opening of the sectional title register referred to in item 1. |
| (4) | The written objection by a person referred to in sub-item (1) shall be deemed to have been removed if that person, within two months from the date of his objection or such extended period as the company may allow— |
| (a) | withdraws his objection in writing; or |
| (b) | fails to withdraw his objection and also fails to apply to court, with notice to the company and to the Registrar, for an order contemplated in sub-item (3). |
| (5) | In an application to the court in terms of this item, the court may— |
| (a) | direct that the company shall not take any steps or, for such period as the court may determine, not take any steps to effect the opening of the sectional title register referred to in item 1; or |
| (b) | refuse the application and impose such conditions in regard to the opening of the sectional title register as it may deem fit; or |
| (c) | make such order as it deems appropriate in the circumstances; and |
| (d) | make such order as to costs as it deems fit. |
