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housing loan

 

means a money lending transaction--

a) where the moneylender is registered as a bank in terms of the Banks Act, 1965 (Act No. 23 of 1965), or as a mutual building society in terms of the Mutual Building Societies Act, 1965 (Act No. 24 of 1965), or as a building society in terms of the Building Societies Act, 1986 (Act No. 82 of 1986), or any other person or body approved by the Minister by notice in the Gazette;
b) concluded in terms of a written agreement between the borrower and the moneylender;
c) where the loan is secured wholly by a first mortgage bond, or a mortgage bond ranking pari passu with a first mortgage bond, over immovable property; and
d) where such property is used or is intended to be used primarily for residential purposes, or where such property is owned by an ecclesiastical, charitable or educational institution of a public nature which is prohibited by its constitution or any law from distributing any of its income to its members.