35Right to purchase

35 Right to purchase

(1)  *[Section 35 Subsection (1) amended by No. 28 of 1983, s. 10 ]*A lessee of a holding under a settlement lease may, at any time during the term of the lease, purchase that holding in accordance with this section.

(2)  [Section 35 Subsection (2) omitted by No. 28 of 1983, s. 10 ].  .  .  .  .  .  .  .  

(3)  *[Section 35 Subsection (3) amended by No. 88 of 1983, s. 4 and Sched. 2 ]**[Section 35 Subsection (3) amended by No. 77 of 1995, s. 3 and Sched. 1 ]*A right of purchase under this section is not exercisable by a person who –

(a) is not an eligible person; or

(b) has not complied in every respect with the requirements of this Act and his lease up to the time when he gives notice under subsection (4) and paid to TDR all moneys due and payable by him up to that time in respect of all matters relating to the holding.

(4)  *[Section 35 Subsection (4) amended by No. 88 of 1983, s. 4 and Sched. 2 ]**[Section 35 Subsection (4) amended by No. 77 of 1995, s. 3 and Sched. 1 ]*A person who wishes to exercise a right of purchase under this section shall give notice in the prescribed form to TDR.

(5)  *[Section 35 Subsection (5) amended by No. 88 of 1983, s. 4 and Sched. 2 ]**[Section 35 Subsection (5) amended by No. 77 of 1995, s. 3 and Sched. 1 ]*On receipt of a notice under subsection (4) , TDR is bound, except as provided in subsections (6) and (12) , to sell and transfer the holding to the lessee on a day that it shall fix by notice in writing to the lessee, being not less than 3 months or more than 6 months after the receipt by it of the notice under subsection (4) , upon compliance by the lessee with the provisions of subsection (7) .

(6)  *[Section 35 Subsection (6) amended by No. 88 of 1983, s. 4 and Sched. 2 ]**[Section 35 Subsection (6) amended by No. 77 of 1995, s. 3 and Sched. 1 ]*Where the person giving notice under subsection (4) has not the right to do so TDR shall, within 28 days after receiving the notice, give him notice in writing that it is entitled to refuse, and does refuse, to sell and transfer the holding to him.

(7)  *[Section 35 Subsection (7) amended by No. 88 of 1983, s. 3 and s. 4 and Sched. 1 and Sched. 2 ]**[Section 35 Subsection (7) amended by No. 77 of 1995, s. 3 and Sched. 1 ]*A person who has received a notice under shall, on or before the day fixed in the notice, pay to TDR the purchase price of the holding as determined under and any moneys that have become due to TDR up to the day so fixed, including TDR's costs of transferring the holding.