“property” means land in the Republic and any fixtures thereon, and includes –
(a) any real right in land but excluding any right under a mortgage bond or a lease of property other than a lease referred to in paragraph (c);
[Paragraph (a) substituted by section 1 of Act 24 of 2011]
(b) ……….
[Paragraph (b) deleted by section 1 of Act 24 of 2011]
(c) any right to minerals (including any right to mine for minerals) and a lease or sub-lease of such a right;
(d) a share (other than a share contemplated in paragraph (g)) or member’s interest in a residential property company;
[Paragraph (d) substituted by section 1 of Act 17 of 2009]
(e) a share (other than a share contemplated in paragraph (g)) or member’s interest in a company which is a holding company (as defined in the Close Corporations Act, 1984 (Act 69 of 1984), or as defined in the Companies Act, 2008 (Act 71 of 2008), as the case may be), if that company and all of its subsidiary companies (as defined in the Close Corporations Act, 1984, or Companies Act, 2008), would be a residential property company if all such companies were regarded as a single entity;
[Paragraph (e) added by section 2(1)(b) of Act 74 of 2002 and substituted by section 1(1)(d) of Act 17 of 2009 and by section 1 of Act 16 of 2022]
(f) a contingent right to any residential property or share or member’s interest, contemplated in paragraph (d) or (e), held by a discretionary trust (other than a special trust as defined in section 1 of the Income Tax Act, 1962 (Act No. 58 of 1962)), the acquisition of which is –
(i) a consequence of or attendant upon the conclusion of any agreement for consideration with regard to property held by that trust;
(ii) accompanied by the substitution or variation of that trust’s loan creditors, or by the substitution or addition of any mortgage bond or mortgage bond creditor; or
(iii) accompanied by the change of any trustee of that trust and;
[Paragraph (f) amended by section 1 of Act 7 of 2010 effective on 1 September 2009]
(g) a share in a share block company as defined in the Share Blocks Control Act, 1980 (Act No. 59 of 1980);
[Paragraph (g) added by section 1 of Act 17 of 2009]
[Definition of “property” amended by section 1 of Act 5 of 2001 and section 2 of Act 74 of 2002]