"property"
means land in the Republic and any fixtures thereon, and includes—
(a) |
any real right in land but excluding any right under a mortgage bond or a lease of property other than a lease referred to in paragraph (c); |
[Paragraph (a) substituted by section 1(c) of Act No. 24 of 2011]
(b) |
[Paragraph (b) deleted by section 1(d) of Act No. 24 of 2011] |
(c) |
any right to minerals (including any right to mine for minerals) and a lease or sub-lease of such a right; |
(d) |
a share (other than a share contemplated in paragraph (g)) or member's interest in a residential property company; |
(e) |
a share (other than a share contemplated in paragraph (g)) or member's interest in a company which is a holding company (as defined in the Companies Act, 1973 (Act No. 61 of 1973), or as defined in the Close Corporations Act, 1984 (Act No. 69 of 1984), as the case may be), if that company and all of its subsidiary companies (as defined in the Companies Act, 1973, or Close Corporations Act, 1984), would be a residential property company if all such companies were regarded as a single entity; |
(f) |
a contingent right to any residential property or share or member's interest, contemplated in paragraph (d) or (e), held by a discretionary trust (other than a special trust as defined in section 1 of the Income Tax Act, 1962 (Act No. 58 of 1962)), the acquisition of which is— |
(i) |
a consequence of or attendant upon the conclusion of any agreement for consideration with regard to property held by that trust; |
(ii) |
accompanied by the substitution or variation of that trust's loan creditors, or by the substitution or addition of any mortgage bond or mortgage bond creditor; or |
(iii) |
accompanied by the change of any trustee of that trust; and |
(g) |
a share in a share block company as defined in the Share Blocks Control Act, 1980 (Act No. 59 of 1980); |