ATC240423: Report of the Select Committee on Land Reform, Environment, Mineral Resources and Energy on the Deeds Registries Amendment Bill [B28 - 2022] (National Assembly – Section 75), dated 23 April 2024
NCOP Land Reform, Environment, Mineral Resources and Energy
Report of the Select Committee on Land Reform, Environment, Mineral Resources and Energy on the Deeds Registries Amendment Bill [B28 - 2022] (National Assembly – Section 75), dated 23 April 2024.
The Bill was referred to the committee on 20 February 2024 where-after the Department of Rural Development and Land Reform briefed the committee on the bill on 12 March 2024. On the 14th of March 2024 the Committee placed an advertisement on the Parliamentary Website as well as on all electronic media platforms, calling for public comments. Only two submissions were received by the Committee, which were from the Law Society of South Africa and Mr H du Toit.
During the deliberations of 16 April 2024, the department responded to the submissions, stating that having considered all inputs, they are still of the opinion that the Bill as it has been passed by the National Assembly is sound. The inputs received were not considered to be of such a nature that they will improve the Bill, while others, such as the comment stating that the Bill appears to reference gender in some sections but not in others, were comments on the Bill rather than concrete proposals for insertions, deletions, or amendments. Considering the proposal for an alternative process of promulgating regulations, the department countered stating that the proposed amendment would create an incredibly cumbersome process of advertising and passing regulations, and that there is no precedent for such a process. If implemented, it would unduly delay the work of the Registries Board.
In terms of the suggestion that the Bill specify the number of posts for each registry office, the department stated that legislating staff numbers is not practical and that the number of officials appointed in each office is dependent on the volume of deeds being processed and will not be a static constant over time. In terms of the three proposed changes to definitions proposed, the department countered, stating that they reject the proposed changes as being too narrow in application. Deeds are not only processed in terms of the National Housing Programme and referencing this in the definitions proposed would not be appropriate.
The Department and State legal adviser noted the comment pertaining to the Public Service Act but stated that it is general practice that any reference to an Act implies the most recently amended Act, thus negating the need for any alteration to such references. The Department further rejected the position that state attorneys lack experience in the registration of land and rights in land. The proposed changes to Clause 5 were therefore not supported.
The Select Committee on Land Reform, Environment, Mineral Resources and Energy, having deliberated on and considered the subject of the Deeds Registries Amendment Bill [B28 - 2022] (National Assembly – sec 75), referred to it and classified by the JTM as a section 75 Bill, agrees to the Bill without amendments.
Report to be considered.