Purpose
The bill amends the Electronic Deeds Registration and Recordal Systems Act, 2019 to strengthen the legal framework for electronic deeds registration in South Africa and make consequential amendments to older property laws so they work with the new electronic system.
Main Provisions
1. Validity of Electronic Deeds (Section 3)
- An electronic deed registered in the system is deemed the only original and valid copy for all purposes.
- A manually processed “client copy” remains valid only until the next electronic transaction is registered for that same property. After that, the electronic version takes over.
2. Transition to Electronic Registration (Section 6)
- The Chief Registrar may allow the manual system to continue during the transition period.
- Crucially: Once a property’s transaction is registered electronically, all future transactions on that property must also be electronic.
- If the electronic system isn’t ready for subsequent transactions, the Chief Registrar can issue a directive on how to proceed.
3. Consequential Amendments to Other Laws
Deeds Registries Act, 1937 (Act 47 of 1937)
- Removes outdated provisions: Deletes sections 1(1)(d), 1(1A), 46A, 48, and 49.
- Updates registrar’s duties: Expands examination powers to include “recordal” alongside execution and registration.
- New Section 3A: Applies the Deeds Registries Act to electronic deeds with two key changes:
- Certificates of title are registered, not “issued.”
- If a deed or bond is already stored electronically, you don’t need to physically lodge it for subsequent transactions.
- New Section 38A: Creates a process to get a replacement certificate of registered title if an electronic title deed is lost, destroyed, or incomplete (with Gazette notices and objection periods).
- Notarial bonds (Section 62): If submitted electronically, a notarial bond is effective nationwide if registered in the deeds registry where the debtor resides (instead of needing registration in every area where they do business).
- Lease cessions (Section 77): No need to attach a notarial copy of a lease if that lease is already stored on the electronic system.
- Vryburg deeds (Section 101): Cleans up outdated references to the “Vryburg deeds registry.”
Sectional Titles Act, 1986 (Act 95 of 1986)
- Adds a definition of the EDRS Act.
- Updates the application clause to include the EDRS Act.
- New Section 3(5): Applies the Sectional Titles Act to electronic submissions with similar adjustments:
- Certificates of title/real rights are registered, not issued.
- No physical lodgement needed for deeds stored electronically.
- Sectional plans must be lodged in a single copy (subject to directives).
