25Eligible persons

25 Eligible persons

(1)  *[Section 25 Subsection (1) amended by No. 88 of 1983, s. 4 and Sched. 2 ]**[Section 25 Subsection (1) amended by No. 77 of 1995, s. 3 and Sched. 1 ]*A person is incapable of taking a lease under this Part if –

(a) he is under the age of 18 years; or

(b) [Section 25 Subsection (1) amended by No. 45 of 2003, Sched. 1, Applied:01 Jan 2004] he and his spouse or partner jointly or severally, or either of them, hold or holds in their or his own right rural land which in the opinion of TDR provides, or is sufficient to provide, a reasonable living for him and his family when farmed in a good and husbandlike manner.

(2)  [Section 25 Subsection (2) amended by No. 45 of 2003, Sched. 1, Applied:01 Jan 2004] *[Section 25 Subsection (2) amended by No. 88 of 1983, s. 4 and Sched. 2 ]**[Section 25 Subsection (2) amended by No. 77 of 1995, s. 3 and Sched. 1 ]*A person is not capable of taking a lease under this Part if he or his spouse or partner is the holder of another lease under this Part unless TDR is satisfied that the land subject to the other lease is insufficient to provide a reasonable living for that person and his family.

(3)  For the purposes of this section –

(a) [Section 25 Subsection (3) amended by No. 45 of 2003, Sched. 1, Applied:01 Jan 2004] if a person holds land jointly with another person not his spouse or partner he shall be regarded as the holder in severalty of such proportion of the land so held as represents his personal interest therein;

(b) the holder of a lease for a term of not less than 3 years still to run shall be regarded as the holder of the land subject thereto; and

(c) a proprietary company shall be regarded as an unincorporated partnership.

(4)  [Section 25 Subsection (4) inserted by No. 45 of 2003, Sched. 1, Applied:01 Jan 2004] For the purposes of this section,

means the person with whom a person is in a personal relationship, within the meaning of the .