reaps his benefit for a particular crop. If the mortgagor wishes to redeem, he must give prior notice to the mortgagee so that the mortgagee does not invest for the next seasonal crop. We foresee the following problems arising out of such an arrangement: • Where the mortgagee has leased farming land or rented residential or business premises to a third party and the third party is in possession. • Where the mortgagee was unable to make a profit out of the possession of the mortgaged property and, therefore, now seeks interest for the money he advanced. • Where the mortgagor is unable to pay the capital, but requires the property to live when he returns to the original place of abode following displacement. In cases where, there is an urgent necessity to resume residence or to eke out a day to day living on the part of the mortgagor, some alternate security method should be introduced to secure the debt due to the mortgagee and return the property to the mortgagor. In other circumstances, the mortgagee can vindicate his claim through the existing provisions of the Mortgage Act No.11 of 1953. The rule of prescription to sue on the bond might, however, pose a problem since the courts in the conflict-affected areas have not functioned for some years. We suggest, therefore, that the relevant provisions of the Mortgage Act be suitably amended to enable the mortgagee to sue on the bond, if he was not able to do so within the prescribed period due to displacement or non-functionality of courts. ii) Property subject to conditional sale The applicable law is: Debt Conciliations Board Act No.39 of 1941 and Common law The incidence of conditional sale is very high in the Northern Province. It is a transfer with the right of the vendor to re-purchase the parcel of land from the transferee within a specified period of time on repayment of a certain sum of money. The general principles of the law of contract and the Debt Conciliations Board Act No.39 of 1941 apply to most cases. The problems that could arise are: FOR THE ORIGINAL TRANSFEREE • • • On execution of the conditional transfer, the transferee does not get possession of the land although he pays the stipulated sum of money. Although the stipulated time has elapsed and the conditions have been fulfilled, the original transferor does not repay the sum of money within the stipulated period. The transferee is unable to obtain possession because either the original transferor is in possession or an IDP is now in possession. FOR THE ORIGINAL TRANSFEROR • The original transferor was and is ready and willing to pay the money but is unable to find the transferee. • The original transferor having been displaced now finds an IDP in possession and is unable to ascertain his claim because the ownership still rests with the transferee. 15