Any redistribution agreement must therefore be reviewed, as noted above, to determine whether it is not a disguised or concealed gift or a disguised sale. If the latter is applicable, the contract is invalid. How do I know if the redistribution agreement is not a disguised gift or a disguised sale? A test that can be used to determine whether such a redistribution agreement does not constitute a concealed gift or a hidden sale is the test used in the lubbe/Commissioner for Inland Revenue 1962 (2) SA 503 (O) case, the following question may be asked to determine the answer to this question: in the latter case, personal easement may be created in the power of attorney in accordance with Section 67 of the Act (see CPR 4 of 2004 read with Ex parte Jooste 1968 (4) SA 437 (O)). The deceased, who died intestate, is from the anniversary of the death, which the plaintiff was able to determine whether he had the right, as he claimed, to inherit as an older brother under the laws of succession. It is therefore appropriate to consider when such a right, invoked by the applicant, is located in the Northwest Province (in the former region of Bophuthatswana) and was acquired by the deceased in 1984, as evidenced by the attached declaration of issue of the Clerk of the Facts, Bophuthatswana. Some heirs who acquire certain estates are permitted to redistribute this information without reference to other heirs, and the Registrars` Conference considered it to be respect for the letter and spirit of Section 14 (RCR 2 of 1951). 7. The first defendant fraudulently registered the co-ownership in his name, on the basis of the following facts: the transfer of land and the transfer of actual rights must follow the order of successive transactions under which they are carried out and it is not lawful to deviate from this order, unless it is provided for by the Facts Act 47 of 1937 (hereafter referred to as „law“). , or in another statute or according to the direction of the court (section 14, paragraph 1, points a) and b), of the law.) However, the text of Regulation 5, paragraph 1, under e) of the 1965 Rebate Management Act 66 states that this agreement must be drafted in writing.
In addition, Section 2 (1) of the Alienation Act 68 also provides that if real estate is involved in such a redistribution, it must be done in writing.