Subject to ties – IV

In response to Mr. Nqhome's arguments in Subject to Ties III, let's try to keep to the KISS principle. However true Mr. Nqhome's arguments may be my argument is very simple:

  1. The point I am making is that a certificate of title is not dealing with the land concerned;
  2. As a starting point forget about all the legislation, such as act 70/1970, which were introduced over the years. These pieces of legislation were introduced to achieve certain goals, but for the argument they should be left out of the equation;
  3. Keeping in mind then points 1 and 2 above, the original nature of a certificate of title was merely a certificate by the registrar as to certain facts extracted from his records - a substituting title - and not dealing with the land, as I see dealing with land;
  4. The introduction of the various pieces of legislation did not and could not change the nature of a certificate of title. They merely introduced measures which now require certain consents to be obtained to enable the registration of the certificate of title, due to the result of the registration of the certificate of title.
What we need is for the court to interpret the situation. Anybody prepared to take this matter on?
Dudley Lee

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