| (1) |
For the purposes of this section— |
| (a) |
"affected area" means the national territories of the former Transkei, Bophuthatswana, Venda and Ciskei and the territories of the former Gazankulu, KaNgwane, KwaNdebele, KwaZulu, Lebowa and Qwaqwa; and |
| (b) |
"effective date" means the date of the first meeting of the council. |
| (2) |
The South African Council for Valuers established by section 2 of the Valuers’ Act, 1982 (Act No. 23 of 1982), continues to exist and may exercise its powers and perform its functions after the commencement of this Act until the effective date. |
| (3) |
The South African Council for Valuers must, within 30 days from the date of commencement of this Act, invite nominations for the first appointment of members in accordance with section 4. |
| (5) |
From the effective date, all rights, obligations, assets and liabilities acquired or incurred by the South African Council for Valuers in terms of the Valuers’ Act, 1982, vest in the council and the council is deemed to have acquired or incurred those rights, obligations, assets and liabilities in terms of this Act. |
| (6) |
Any act performed, decision taken, or rule made or purported to have been so performed, taken or made in terms of the Valuers’ Act, 1982, by the South African Council for Valuers remains valid unless repealed under this Act. |
| (7) |
Any notice issued or exemption granted by the Minister in terms of the Valuers’ Act, 1982, remains valid unless repealed under this Act. |
| (8) |
Any person who at the commencement of this Act is registered in terms of the Valuers’ Act, 1982, is deemed to be registered in the corresponding category provided for in this Act. |
| (9) |
Any person who at the commencement of this Act, is registered as a valuer or associated valuer and holds a certificate of temporary registration issued in terms of the Valuers’ Act, 1982, is deemed to be registered as a valuer or associated valuer in terms of this Act, until his or her certificate of temporary registration expires, after which the council must determine the category in which he or she is to be registered. |
| (10) |
From the effective date, any register maintained in terms of the Valuers’ Act, 1982, is incorporated in and is considered to form part of a register to be maintained in terms of this Act. |
| (11) |
Any action taken in terms of sections 17 to 21 of the Valuers’ Act, 1982, which is pending at the commencement date of this Act, must be finalised in terms of that Act. |
| (12) |
At the end of the first term of the council 50 per cent of the members of the council may not be reappointed by the Minister. |
(13)
| (a) |
The council must on application in the prescribed form and accompanied by the prescribed registration fee and such information as may be required by the council by any person who, with effect from the effective date— |
| (i) |
is ordinarily resident in the affected area; |
| (ii) |
has, for a continuous period of not less than five years before that date, been regularly engaged in the affected area in the performance of property valuation work which in the opinion of the council is of sufficient scope and variety and of a satisfactory nature and standard, |
register that person as an associated valuer in terms of section 20 and issue to the applicant a certificate of registration in the prescribed form.
| (b) |
The registration of a person registered in terms of paragraph (a), lapses after a period of two years from the date of that registration or a further period determined by the council, which period may not exceed one year, unless that person complies with section 20(2)(a)(ii). |
| (14) |
A person may not be registered in terms of subsection (13), unless he or she has within a period of six months after the effective date, or within a period determined by the council, applied to the council to be registered. |
Stamp Duties Act, 1968 (Act 77 of 1968)
