A property transfer rests on one assumption: that the person selling has the legal capacity and the right to sell. The deeds office checks title. Rates clearance checks municipal debt. FICA checks identity. None of them tells you that the seller was sequestrated last month, that the selling company is in liquidation, or that the registered owner died before signing.
Those events are published in the Government Gazette. This guide sets out which notices matter to a conveyancer, what each one does to a transaction, and when to run the check.
Why the Gazette belongs in conveyancing due diligence
A conveyancer acts on instructions from a party whose authority must be intact when the transfer is signed and lodged. The gap between instruction and registration is often weeks, sometimes months. A seller's status can change inside that gap.
Most of the formal events that remove or restrict a person's power to deal with property are gazetted: sequestration, winding-up, curatorship and the death of an owner (through estate notices). A search of the Gazette is therefore the cheapest way to test whether the person in front of you can still sell.
The check is not a statutory requirement for every transfer. It is a risk control. The cost of missing a notice is a defective transfer, a dispute with a trustee, liquidator, curator or executor, and a possible claim against the firm.
The four notice types to check
1. Sequestration of an individual seller
Under the Insolvency Act 24 of 1936, a sequestration order removes the insolvent's estate from their control. The property vests in the Master of the High Court and then in the trustee once one is appointed. A seller who has been sequestrated generally cannot pass good title on their own.
The Gazette carries the steps in the process, including notices of surrender, provisional and final orders, and trustee appointments. A provisional order already restricts dealings, so a search that only looks for final orders will miss the early warning.
2. Liquidation or business rescue of a corporate seller
When a company is wound up, a liquidator takes control of its assets. Property in the name of a company in liquidation is sold by the liquidator, not by the directors who signed the deed of sale. Business rescue is different: it places the company under a practitioner and imposes a moratorium on certain actions, which can affect a pending transfer.
Search by the company's name and its registration (CK) number. Companies change names, and a name search alone can fail where a number search succeeds.
3. Death of the registered owner
If a registered owner dies, the property forms part of the deceased estate and is dealt with by the executor under the Administration of Estates Act 66 of 1965. A seller who signed before death leaves a transaction that has to be completed through the executor. A seller who died before signing leaves no valid sale at all.
Estate notices in the Gazette name the deceased, the executor and the estate number. Section 29 notices call on creditors to lodge claims, and section 35 notices announce that the liquidation and distribution account lies open for inspection. Either one is evidence that an estate has been reported.
4. Curatorship and capacity
A court can appoint a curator to manage the affairs of a person who lacks capacity. Notices of those appointments appear in the Gazette. A seller under curatorship cannot contract in the ordinary way, and a deed signed without the curator's authority is open to challenge.
What to search, and how
Search every party who has to sign or whose estate is affected. The usual list:
- Each seller, by ID number for natural persons.
- Each selling company or trust, by registration number and by name.
- Each person signing under a power of attorney, because the grantor's death or sequestration can affect the authority.
- Prior owners in a chain where title was acquired recently from an estate or insolvent estate.
Search by identifier first and name second. Names are spelled inconsistently across notices, and common surnames produce false matches. An ID number or company number ties the notice to the person.
Run a deep search as well where the name has variants, for example maiden names or initials, and record any notice you rule out as a different person.
When to repeat the check
One search at instruction is the minimum. Because the Government Gazette is published weekly, on Fridays, and because notices can reach the public record some time after the underlying event, a single early search leaves a window open.
A practical routine:
- At instruction: search all parties and file the result.
- Before signature of transfer documents: repeat for any party who has not yet signed.
- Before lodgement: repeat for all parties, especially on long matters.
Where a file stays open for months, a watchlist on the seller with email alerts replaces repeated manual searching. It flags a new notice when it is indexed, and the conveyancer reviews it.
Document the result
A search that finds nothing is still evidence of diligence. Put a dated note on the file recording what was searched, the identifiers used, the result, and who ran it. If a notice does appear, record how you confirmed it related to your party, and what you did next, for example contacting the trustee, liquidator, curator or executor.
On Gazette Search a search that finds nothing is not charged on the free tier or the Single to Pro packs, so a clear result costs the practice nothing. A single search costs R35, and the Starter pack of 100 credits costs R1,000, or R10 per search. Manual lookups through data brokers or law-agent services elsewhere can cost R500 or more per search.
What to do when a notice appears
A hit is the start of a decision, not the end of one. Typical responses:
- Sequestration: stop signature and contact the trustee or the Master's office to establish who now has authority to sell.
- Liquidation: deal with the liquidator, who must conduct the sale.
- Deceased estate: obtain the letters of executorship and confirm the executor's authority before proceeding.
- Curatorship: require the curator's authority and, where needed, the court's.
In each case, tell the client promptly. A matter that cannot proceed as instructed is better surfaced at the start than at lodgement.
Where Gazette Search fits
Gazette Search indexes more than 900,000 notices, with coverage back to 2004. You can search by ID number, name, estate number or company (CK) number, and run a deep search for variants. Bulk upload takes up to 100,000 IDs, useful for firms that screen a full pipeline of matters. Results export to CSV, and a watchlist sends email alerts on new notices. See pricing for the credit packs.
Frequently asked questions
Do conveyancers have to search the Government Gazette before transfer?
There is no general rule that requires it for every transfer. It is a prudent risk control, because sequestration, liquidation, curatorship and estate notices are published there and can affect a seller's authority to sell. Each firm should set its own standard against its risk policy and professional obligations.
What happens if the seller is sequestrated after signing the deed of sale?
Under the Insolvency Act 24 of 1936, the insolvent's estate vests in the Master and then the trustee, so the trustee generally decides how to deal with the pending sale. The conveyancer should stop and contact the trustee or the Master's office before proceeding.
How often should I repeat the Gazette search on a long matter?
At minimum, at instruction, before signature and before lodgement. The Gazette is published weekly, so a matter open for several months can pass through many editions. A watchlist with email alerts covers the gap without repeated manual searches.
Can I search for a company seller by registration number?
Yes. Searching by company (CK) registration number avoids problems with name changes and spelling variants. Run the name as well, because older notices may not carry the number.
Does a clear search mean the transfer is safe?
No. It means no matching notice had been indexed when you searched. Publication can lag the underlying event, so combine the search with the other checks on the file and repeat it before lodgement.