Deeds Registries Amendment Bill - draft

Call for comments opened 06 July 2021 Share this page:

Submissions are now closed (since 31 July 2021)

Agriculture, Land Reform and Rural Development

The Department Agriculture, Land Reform and Rural Development invites you to comment on the Deeds Registries Amendment Draft Bill.

The Bill seek to amend the Deeds Registries Act, 1937, so as to:
▪ provide for the appointment of a registrar of deeds, deputy registrar of deeds and assistant registrar of deeds in terms of the provisions of the Public Service Act, 1994;
▪ further regulate the qualification requirements of a registrar of deeds, deputy registrar of deeds and assistant registrar of deeds; to provide for the appointment of the chief registrar of deeds;
▪ provide for the responsibilities and duties of the chief registrar of deeds;
▪ provide for the recordal of land tenure rights lawfully issued by Government or any other competent authority;
▪ further provide for the registration of waivers of preference in respect of registered real rights in favour of leases; to delete reference to the registration of copies of powers of attorney in another deeds registry;
▪ provide for the inspection of records and the supply of information by the chief registrar of deeds;
▪ further regulate the duties, composition, voting powers and remuneration of members of the deeds registries regulations board;
▪ provide for the Minister to make regulations in respect of this Act and the Electronic Deeds Registration Systems Act, 2019;
▪ provide for the Minister to make regulations in respect of the collection of personal information relating to race, gender, citizenship and nationality for statistical and land audit purposes;
▪ further regulate the registration of State land; to further regulate the issuing of certificates of registered title of undivided shares in land;
▪ further regulate the periods for the registration of notarial bonds in more than one deeds registry;
▪ provide for a penalty provision 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;
▪ provide for a penalty provision in respect of the unauthorised preparation, execution and attestation of deeds and documents; to insert a definition of ‘attorney’;
▪ provide that an attorney, conveyancer and notary in the employ of the Department of Agricultural, Land Reform and Rural Development may perform the duties of an attorney, conveyancer and notary in respect of transactions relating to State Land;
▪ insert and amend certain definitions;
▪ provide for the amendment of the Electronic Deeds Registration Systems Act, 2019, to the extent set out in the Schedule; and to provide for matters connected therewith

Comments can be emailed to Ms AS Reynolds at Antoinette.reynolds@dalrrd.gov.za by no later than Saturday, 31 July 2021

Enquiries can be directed to Ms AS Reynolds on tel (012) 338 7236