Deeds Registries Amendment Act, 2024

This section heading says section 2 of the Deeds Registries Act 47 of 1937 is being amended.

The Minister must appoint certain deeds registry officials, may authorize officers to act temporarily in vacant or unavailable posts, and may delegate powers under this section.

This section changes who the Minister must appoint for deeds registration offices and gives the Minister powers to authorize acting officials and delegate powers.

A person may not be appointed as assistant registrar of deeds unless the stated qualification and experience requirements are met.

This section sets out how the chief registrar of deeds is appointed, how the office is to be carried out, and when the Minister can authorize an acting registrar or delegate powers.

The Minister must appoint the chief registrar of deeds, and may authorize an acting registrar or delegate powers in certain cases.

The chief registrar of deeds must manage and supervise key deeds-registration services and systems, and report findings to the Director-General.

This section amends section 3 of the principal Act and adds duties for the chief registrar of deeds.

Article 3 is amended to require recording and registration of certain land rights changes and priority waivers.

This provision amends section 7 to let deeds registries register certain powers of attorney and related copies in the specified circumstances.

Registrars must allow inspection of public registers and records, except the index, on prescribed conditions and fee payment; the chief registrar of deeds may also allow inspection of the deeds registration system registers.

This amendment creates the deeds registries regulations board and requires it to advise and make recommendations to the Minister.

Registrars must let people inspect public registers and documents on prescribed conditions and payment of prescribed fees; the chief registrar of deeds may also allow inspection on the registration system and permit copies, extracts, and related data.

This amendment creates a registration regulations board and sets out its functions and membership.

This section sets rules for the board’s membership, meetings, quorum, and who can appoint or remove members.

The Minister’s regulations must be published in the Gazette at least one month before the commencement date stated in the relevant notice.

The Minister may make regulations, on recommendation of the deeds registries regulations board, about prescribed forms and about collecting and using certain land-owner personal information for statistical and land-audit purposes.

The registrar concerned must, on written application and with the land diagram, enter the land details in the registers and prepare the registered State title certificate.

A joint owner of land held under one title deed may apply for a registered title certificate for an undivided share, subject to section 37.

The Minister may make regulations, on recommendation of the registration regulations board, about the listed registration matters.

When unsurveyed State land has been surveyed and mapped, the registrar must, on written application by the Minister of Public Works or an authorised state officer, enter the land details in the designated registers and sign a State title certificate in the prescribed form.

A co-owner may obtain a registered title certificate for an undivided share, and the registrar must not register certain partial transfers, mortgages, or leases unless that certificate is presented.

Joint owners holding under one title deed may act together to transfer or register interests in the land without producing a certificate of registered title for the undivided share, subject to the stated exception.

A notarial bond that must be registered in more than one deeds registry must be registered in the first registry on time, then in the second registry within four months after first registration, and in each later registry within another four months unless a court allows more time.

This section substitutes a new section about exemption from liability for acts or omissions in the deeds registry.

A registrar or deeds registry officer generally does not make the Government or the officer liable for damages, but mala fide conduct or lack of reasonable care can trigger Government liability, and mala fide collusion can lead to an offence and criminal penalty.

This section inserts a new provision after section 99 titled “Unauthorised execution or attestation of deed”.

A person who prepares, executes, or attests a deed or document without authorization under this Act or another Act commits an offence.

A notarial bond that must be registered in more than one registry office has to be registered in stages within the stated time periods, unless a court allows more time on application.

Section 10 replaces Article 99 with a new article about no liability for an act or omission in the registration office.

Registry officials and the Government are not liable for damage from an official act or omission, unless the act or omission was in bad faith or without reasonable care and diligence.

This section inserts a new article into the principal Act after section 99, titled “Unauthorised execution or attestation of deed.”

An unauthorized person who prepares, executes, or attests a deed or document commits an offence and may be fined or imprisoned, or both.

This section amends section 102 of Act 47 of 1937.

This section amends Section 102 of the principal Act by replacing and adding several definitions, including attorney, conveyancer, Minister, notary public, recorded, and related terms.

This section amends the Electronic Deeds Registration Systems Act as set out in the Schedule.

This section amends Article 102 of the principal Act by updating and adding several definitions.

This section says the Electronic Deeds Registration System Act is amended as set out in the Schedule.

This section gives the Act its short title and sets when its provisions start to operate.

This section is a schedule entry showing an amendment to the Electronic Deeds Registration Systems Act, 2019.

This section amends several definitions in section 1 of the Act.

This section updates several definitions for deed registration and electronic registration/endorsement.

This section defines “signature” for certain deeds-registration purposes as an advanced electronic signature.

The Chief Registrar of Deeds must develop, establish, and maintain an electronic deeds registration and recordal system, and may issue directives for how it works after consulting the Regulations Board.

The Head Registrar of Deeds must maintain and develop an electronic system for deeds registration and related document handling, and may issue prescriptions about how the system works.

The provision refers to retaining and later producing deeds, documents, or other electronic records relevant to registration or recordal of rights, and to compliance with administrative or legal proceedings for users of the electronic deeds registration and recordal system.

Section 3 is substituted with new wording.

Electronic deeds and documents are deemed to be the only original and valid record for all purposes when generated, executed, registered, recorded, or incorporated by electronic means.

Section 4 is being substituted with a new section titled “Authorised users and recordal”.

Users of the electronic deeds system authorized by regulation must be registered, and the Chief Registrar of Deeds may direct how that registration is done.

This section amends section 5 by replacing wording on person identification and on the handling of deeds, documents, and electronic records.

Article 3 is replaced by a new subsection titled “Validity of deeds and documents,” but the replacement text is not included here.

Subject to article 14, certain electronically generated, registered, recorded, signed, scanned, or otherwise electronically incorporated deeds/documents are treated as original and valid records.

Article 4 is replaced by the following article, titled “Gemagtigde gebruikers”.

Users of the electronic deeds registration system authorized by regulations must be registered, and the Chief Registrar of Deeds may set the manner and conditions for that registration.

This section amends Article 5 by replacing paragraph (c) and paragraphs (e) and (f) in subsection (1) with new wording.

The provision refers to rules about how users may access the electronic deeds registration and recordal system for information purposes, and the authorisation of users under section 4.

This section keeps current registration and filing processes in place until the electronic system or regulations are ready, and says the Act does not disturb earlier valid recordals.

This section says earlier registrations and endorsements are not affected, and keeps current deed-registration procedures running until the electronic system is in place.

The Chief Registrar of Deeds may allow manual processing of deeds and related documents, and conveyancers, statutory officers, and notaries may use either the manual or electronic system until the Chief Registrar sets the period.

This section amends section 7 so the President can fix the commencement date by proclamation in the Gazette, and can set different commencement dates for different provisions or registration and recordal acts.

The section changes the Act’s long title and lets the Chief Registrar authorize handwritten deed-processing for a limited time, while conveyancers, statutory officers, and notaries may use either the hand or electronic registration system.

Section 7 replaces the commencement wording so the Act starts on a date set by the President by proclamation in the Gazette.

This section replaces the Act’s long title with a new one about electronic registration and recording of laws dealing with electronic communications and transactions.

32 No. 51730 GOVERNMENT GAZETTE, 10 DEcEMbER 2024 This gazette is also available free online at www.gpwonline.co.zaPrinted by and obtainable from the Government Printer, Bosman Street, Private Bag X85, Pretoria, 0001Contact Centre Tel: