Deeds Registries Amendment Act

1. COMMENCEMENT OF THE ACT

The Deeds Registries Amendment Act, 2024 (Act 20 of 2024) (“the Amendment Act”), was published in Government Gazette No. 51730.

Sections 3(a), 6(b), 12(d), 12(g), and 13 of the Amendment Act will come into operation on a date to be determined by the President by proclamation in the Gazette. The remaining provisions of the said Act came into operation on 10 December 2024 (see section 14).

2. PURPOSE OF THE AMENDMENT ACT

The main purpose of the Amendment Act is to amend the Deeds Registries Act, 1937 (Act 47 of 1937) (“the Act”), to enhance the implementation and application thereof to confirm to current and uniform practices in the deeds registries.

3. AMENDMENT OF THE ACT

The following is a brief discussion on the amendment of the Act.

3.1. AMENDMENTS THAT ARE NOT REGISTRATION RELATED

3.1.1. Amendment of section 2

Section 2 is amended by removing provisions relating to the appointment of the Chief Registrar of Deeds. These aspects are now being addressed in section 2A. Further cosmetic amendments include the amendment of the heading to also refer to the appointment of “deputy registrars”.

3.1.2. Insertion of sections 2A, 2B and 2C

Sections 2A, 2B and 2C deal with the appointment, responsibilities and duties of the Chief Registrar of Deeds.

3.1.3 Amendment of section 7

Section 7 deals with the inspection of records and the supply of information by Registrars. This section has been amended to also empower the Chief Registrar of Deeds to permit any person to inspect the registers on the deeds registration system, and permit any such person to make copies of those records or extracts from those registers and to obtain such other information concerning deeds or other documents.

3.1.4 Amendment of section 9

The amended section 9 addresses the duty of the deeds registries regulations board to recommend the making of regulations in terms of section 5 of the Electronic Deeds Registration Systems Act 19 of 2019.

Section 9 now also provides for the appointment of additional members and alternate members namely, the Senior Financial Officer: Deeds Registration, Chief Director Deeds Registration: Information Communication Technology, Senior Financial Officer of the Department of National Treasury, a Conveyancer from the Office of the State Attorney, and an officer in the employ of the Banking Association of South Africa.

Further amendments relate to voting right, quorum, etc.

3.1.5 Amendment of section 10

Section 10 is amended to empower the Minister to make regulations pertaining to the form of applications to be used for the recordal of land tenure rights. This regulation will come into operation on a date to be determined by the President.

Section 10 is further amended to provide for the making of regulations pertaining to the manner and form in which personal information relating to the race, gender, citizenship and nationality of landowners may be collected. The information is required for statistical and land audit purposes only and will be captured in a register for official use only.

3.1.6 Amendment of section 99

Section 99 is amended to provide for a penalty of a fine or imprisonment, or both, in respect of mala fide acts or omissions by a registrar or official in relation to their duties, and for other persons that are part of a collusion to such mala fide acts or omissions by such registrar or official.

3.1.7 Insertion of section 99A

This section provides for a penalty of a fine or imprisonment, or both, in respect of the preparation, execution and attestation of deeds and documents by persons not authorised thereto by the Act.

3.2. AMENDMENTS THAT ARE

3.2.1 Amendment of section 3

REGISTRATION RELATED

• Insertion of section 3(1)(c)bis

Section 3(1)(c)bis places a duty on Registrars to record, in compliance with the requirements of any law, land tenure rights lawfully issued by Government or any other competent authority, and to record amendments and cancellation thereof.

This provision will come into operation on a date to be determined by the President by proclamation in the Gazette.

• Insertion of section 3(1)(c)ter

Section 3(1)(c)ter places a duty on Registrars to register, in compliance with the requirements of any law, the conversion of land tenure rights to another form of land tenure right, including ownership.

This provision will come into operation on a date to be determined by the President by proclamation in the Gazette.

• Amendment of section 3(1)(i)

In terms of the amended section 3(1)(i) waivers of preference of real rights in land are now also registerable in favour of leases. Previously such waivers were only registerable in favour of mortgage bonds.

(Also see the amendment of regulation 41 vide Government Notice GN R428 of 12 May 2017, which amendment came into operation on the same date of commencement of the Amendment Act).

• Amendment of section 3(1)(u)

The effect of the amended section 3(1)(u) is that a Registrar can no longer issue a certified copy of a power of attorney registered in his or her office for registration in another Deeds Registry.

(Also see the amendment of regulations 65(2), (8), (9) and (10) vide Government Notice GN R428 of 12 May 2017, which amendments came into operation on the same date of commencement of the Amendment Act).

3.2.2 Amendment of section 18

Section 18 is amended by doing away with the requirement that the diagram of the relevant land must be lodged in duplicate. The position is now the same as in all other instances namely that only a single copy of the diagram of the land must be lodged.

3.2.3 Amendment of section 34(1)

Section 34(1) of the Act provides for the issuing of a certificate of registered title to a person who is the joint owner of a piece of land. Section 34(1) further provides that a person may not transfer a fraction only of his or her undivided share or hypothecate or lease the whole or any fraction of his or her undivided share in land unless a certificate of registered title is obtained for his or her share in such land. Section 34(1) is amended and now also stipulates that a certificate of registered title must be obtained in instances where a person wishes to register a real right (usufruct etc.) over the whole or any fraction of his or her undivided share in such land.

3.2.4 Amendment of section 102 by the insertion of certain new definitions and

the amendment of certain other provisions.

• Definitions of “attorney”, “conveyancer” and “notary”

A definition of “attorney” is inserted and the definition of “conveyancer” and “notary” amended to align with the definitions in the Legal Practice Act 28 of 2014. The said definitions also include, in respect of transactions with State Land, an attorney, conveyancer and notary as defined in the Legal Practice Act, in the employ of the Department of Agriculture, Land Reform and Rural Development.

• “Land tenure right” and “Recorded”

A definition of “land tenure right” and “recorded” are included in view of the newly inserted duty on Registrars to record land tenure rights. This duty, however, only comes into operation on a date to be determined by the President by proclamation in the Gazette.

3.3. AMENDMENT OF ELECTRONIC DEEDS REGISTRATION SYSTEMS ACT 19 OF 2019

Section 13 amends the Electronic Deeds Registration Systems Act 19 of 2019 to the extent set out in the Schedule thereto. The amendments relate to electronic recordal of land tenure rights.

CHIEF REGISTRAR OF DEEDS
DATE: 18 January 2025
REFERENCE: 14/P
RINGBINDER: 17
CHIEF REGISTRAR OF DEEDS
REGISTRARS OF DEEDS
DEEDS TRAINING
DIRECTOR: LAW SOCIETY OF SOUTH AFRICA: PRETORIA
LEGAL PRACTICE COUNCIL OF SOUTH AFRICA: PRETORIA

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