Section 14(1) of the Sectional Titles Act 95 of 1986 (STA) empowers the Surveyor-General (SG) to require the amendment of any registered sectional plan found to be incorrect. In terms of the said section the SG has the sole discretion in this regard.
RCR 58 of 2011 resolved that substituted sectional plans whereby the numbering of sections is amended to bring the de jure position in line with the de facto position was not permissible.
Sections on a sectional plan are described by a unique number (regulation 5(1)(k)). A SG may require registered sectional plans to be altered or amended or to be substituted if found to be incorrect and must in terms of section 14(5) advise a Registrar of any alteration, amendment or substitution of a sectional plan which affects the description (unique number) of any section.
The resolution taken vide RCR 58 of 2011 is clearly ultra vires the Act and amounts to creating law.
In terms of the Registrar Conference Terms of Reference, the Chief Registrar cannot “make” law, and there is a duty on Registrars not to implement a directive by the Chief Registrar of Deeds if it would result in substituting applicable or existing legislation (see in this regard CRC 7 of 2019)
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TONKIN CLACEY PRETORIA
012 346 1278