The purchase and/or transfer of agricultural land is governed by the Agricultural (Commercial) Land Reform Act No. 6 of 1995 which vests a preference right in the State to purchase agricultural land.
Therefore, prior to entering into any agreement resulting in the change in ownership of agricultural land, or the shareholding in a company or a close corporation which is the registered owner of the agricultural land being purchased, it is a requirement that the agricultural land be offered to the State. In the event that the State rejects the offer, the seller will be issued with a Certificate of Waiver wherein it waives its preference right.
Our services include:
- Providing advice on the structuring of transactions involving the purchase of agricultural land
- Assisting with the drafting and compilation of the necessary documents for the offer to the State
- Liaising with the Ministry of Agriculture and Land Reform to obtain Certificates of Waiver on behalf of clients.