n Tydskrif vir die Suid-Afrikaanse Reg - Artikel 29A van die Wet op Vervreemding van Grond




After a long time of uncertainty due to opposing court decisions in and , the supreme court of appeal gave some clarity in the Gowar case on the effect of non-compliance with sections 2(2A) and 29A of the Alienation of Land Act and on who should be the protected by this act. The supreme court of appeal came to the conclusion that in the case of noncompliance with section 2(2A) the contract will be voidable and that the act only protects a specific group of consumers, which can be identified by referring to the definition of "land" in the act. Although the court clarified this issue, which was one of the major issues with regard to section 29A, there are still issues which have not been addressed. This includes, amongst others, the unsatisfactory position of buyers who buy "off plan". The legislator should also, in light of the supreme court of appeal's decision, make it clearer should be protected by this act. If the purpose of the act is to protect first-time buyers of low-cost housing, measures should be taken to limit the protection afforded by this act, to first-time buyers only.


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