Formalities in respect of Contracts of Sale of Land Act, 1969

Jurisdiction
Namibia
Citation
Act 71 of 1969
Date
11 June 1969
Language
English
Type
Legislation
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Formalities in respect of Contracts of Sale of Land Act, 1969

Act 71 of 1969

  • Published in South African Government Gazette no. 2427 on 11 June 1969
  • Assented to on 30 May 1969
  • Commenced on 1 January 1970
  • [This is the version of this document from 11 June 1969 and includes any amendments published up to 6 October 2022.]
[APPLICABILITY TO SOUTH WEST AFRICA: Section 3 of the Act states “This Act and any amendment thereof shall apply also in the territory of South West Africa.”][TRANSFER TO SOUTH WEST AFRICA: The administration of this Act was transferred to South West Africa by the Executive Powers (Commerce) Transfer Proclamation, AG 28 of 1978, dated 28 April 1978. There were no amendments to the Act in South Africa prior to its repeal by the Alienation of Land Act 68 of 1981 (RSA GG 7789), which was not made applicable to South West Africa.]ACTTo provide for the formalities in respect of a contract of sale of land and certain interests in land; to repeal section 1 of the General Law Amendment Act, 1957; and to provide for incidental matters.(English text signed by the State President)BE IT ENACTED by the State President, the Senate and the House of Assembly of the Republic of South Africa, as follows:-

1. Formalities in respect of contracts of sale of land and certain interests in land

(1)No contract of sale of land or any interest in land (other than a lease, mynpacht or mining claim or stand) shall be of any force or effect if concluded after the commencement of this Act unless it is reduced to writing and signed by the parties thereto or by their agents acting on their written authority.
(2)The provisions of subsection (1) relating to signature by the agent of a party acting on the written authority of the party, shall not derogate from the provisions of any law relating to the making of a contract in writing by a person professing to act as agent or trustee for a company not yet formed, incorporated or registered.

2. Exclusion of contracts of sale of land or any interest in land sold by public auction

The provisions of section 1 shall not apply to a contract of sale of land or any interest in land sold by public auction.

3. Application to South-West Africa

This Act and any amendment thereof shall apply also in the territory of South-West Africa.

4. Repeal of section 1 of Act 68 of 1957

Section 1 of the General Law Amendment Act, 1957, is hereby repealed.[Section 1 of the General Law Amendment Act 68 of 1957 (SA GG 5894) contains no indication that it was applicable to South West Africa, nor was Act 68 of 1957 made applicable to South West Africa as a whole. Section 1 reads as follows:][“1. (1) No contract of sale or cession in respect of land or any interest in land (other than a lease, mynpacht or mining claim or stand) shall be of any force or effect if concluded after the commencement of this section unless it is reduced to writing and signed by the parties thereto or by their agents acting on their written authority.][(2) The laws specified in the Schedule are hereby repealed to the extent set out in the fourth column of the Schedule [none of the repealed laws were applicable to South West Africa].”]

5. Short title and commencement

This Act shall be called the Formalities in respect of Contracts of Sale of Land Act, 1969, and shall come into operation on the first day of January, 1970.
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History of this document

01 January 1970
Commences.
11 June 1969 this version
30 May 1969
Assented to.
Cited documents 1
  1. General Law Amendment Act, 1957
Documents citing this one 24
  1. Awarab v Harases and Another (1190 of 2007) [2010] NAHC 161 (21 October 2010)
  2. Empire Fishing Company (Pty) Ltd v Dumeni and Others (HC-MD-CIV-ACT-CON- 191 of 2021) [2022] NAHCMD 76 (24 February 2022)
  3. Gabriel v Nehemia and Others (HC-MD-CIV-MOT-GEN 367 of 2018) [2019] NAHCMD 564 (6 December 2019)
  4. Hayley Fay v Regal Real Estate (2714 of 2015) [2016] NAHCMD 202 (12 July 2016)
  5. Jordaan N.O v Synman and Another (1624 of 5) [2015] NAHCMD 17 (6 February 2015)
  6. Kejarukua v Veziruapi (131 of 2015) [2018] NAHCMD 161 (7 June 2018)
  7. Marmorwerke Karibib (Proprietary) Limited v Transnamib Holdings Limited (SA 92 of 2020) [2022] NASC 17 (27 May 2022)
  8. Muadinohamba v Katima Mulilo Town Council and Others (1690 of 2010) [2011] NAHC 50 (15 February 2011)
  9. Mungendje v Ngunovandu and Another (APPEAL 287 of 2013) [2013] NAHCMD 360 (29 November 2013)
  10. Naanda v Fredrik (HC-MD-CIV-ACT-CON- 4242 of 2018) [2022] NAHCMD 610 (8 November 2022)
  11. Nahum and Another v Ambole and Others (HC-NLD-CIV-ACT-CON 32 of 2021) [2022] NAHCNLD 37 (5 April 2022)
  12. Namibia Limited v MGM Properties (Pty) Limited & Others (HC-MD-CIV-ACT-CON- 1218 of 2018) [2021] NAHCMD 33 (9 February 2021)
  13. Nirwana Trading Enterprises CC v Murorua (HC-MD-CIV-ACT-OTH- 1067 of 2022) [2022] NAHCMD 584 (24 October 2022)
  14. Puma Energy Namibia Two (Pty) Ltd v Namibia Bus and Taxi Association (HC-MD-CIV-ACT-CON- 2140 of 2018) [2023] NAHCMD 1 (18 January 2023)
  15. River View Estate CC v DTA of Namibia (SA 85 of 2019) [2022] NASC 20 (30 June 2022)
  16. Saamspan Farming CC v Weakly (1509 of 2008) [2010] NAHC 183 (5 November 2010)
  17. Shilomboleni v Muetudhana (HC-MD-CIV-ACT-CON 4580 of 2017) [2019] NAHCMD 266 (25 July 2019)
  18. Snyman and Another v Jordaan N.O (SA 7 of 2015) [2016] NASC 29 (29 November 2016)
  19. Theron and Another v Tegethoff and Others (1) (PA 283 of 2000) [2001] NAHC 1 (6 April 2001)
  20. UNI-SIGNAL v Strydom (CA 7 of 1993) [1993] NAHC 7 (15 September 1993)
  21. Van der Merwe and Another v Schneiders and Another (HC-MD-CIV-ACT-CON- 337 of 2019) [2021] NAHCMD 427 (3 September 2021)
  22. Van Schalkwyk v Dias and Another (1048 of 2011) [2018] NAHCMD 396 (4 December 2018)
  23. Witvlei Meat (Pty) Limited v Agricultural Bank of Namibia (1) (SA 27 of 2013) [2014] NASC 8 (27 May 2014)
  24. Wood v Nieuwoudt (417 of 2016) [2017] NAHCMD 178 (28 June 2017)