Question NW1395 to the Minister of Agriculture, Land Reform and Rural Development

Reply:

(1) The objectives of the Deeds Registration Transformation Policy are to:

• develop legislation that provides mechanisms and procedures for the registration of rights in land, including but not limited to customary, informal and communal forms of tenure which are recognised by law;
• provide a simplified, cost effective deeds registration system that is widely accessible;
• provide for officials of the Department of Agriculture, Land Reform and Rural Development (DALRRD) to perform certain functions of attorneys, conveyancers and notaries in respect of the preparation and execution of deeds and documents in instances where State land is being dealt with;
• align and incorporate the provisions of the Electronic Deeds Registration Systems Act into new deeds registration legislation;
• provide registration capability for other forms of rights in land that the Government may introduce in future;
• establish a legislative and policy framework that will facilitate the development of a comprehensive register in which all rights and interests in land are recorded; and
• repeal the Deeds Registries Act 47 of 1937 and the Electronic Deeds Registration System Act 19 of 2019 and to replace same with new deeds registration legislation.

(2) The Deeds Registration Transformation Policy has not been put on hold. However, the Deeds Institutional Transformation Policy referred to in the Departmental Annual Performance Plan 2019/2020 has been placed on hold due to the fact that the said policy was not responding to the recommendations of the Presidential Advisory Panel on Land Reform and Agriculture with reference to the need for a National Land Tenure Policy.

(3) Yes; DALRRD is continuing with development of the Deeds Registration Transformation Policy and is currently developing a business plan for purposes of procuring the services of policy development experts to assist DALRRD with the development of a policy framework and the envisaged deeds registration legislation. Once the policy framework has been endorsed by the Minister, DALRRD will table the final draft of the Deeds Registration Transformation Policy to Cabinet for approval.