Draft Deeds Registries Amendment Bill and Explanatory Memorandum published for comments

Updated: Jul 13


A draft Deeds Registries Amendment Bill was published in gazette number 44822, under general notice number 408 dated 9 July 2021. A copy of the draft Bill and Explanatory Memorandum are available at

https://www.gov.za/sites/default/files/gcis_document/202107/44822gen408.pdf


Written comments are invited within 30 calendar days of the publication of this notice to: By Post: The Chief Registrar of Deeds Attention: Ms AS Reynolds Private Bag X918 PRETORIA 0001

By e-mail: Antoinette.reynolds@dalrrd.gov.za or Carlize.knoesen@dalrrd.gov.za


The following objects of the Bill are described by the Explanatory Memorandum:


"The Bill seeks to amend the Act in order to—

(a) provide for the 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 (Proclamation 103 of 1994);

(b) further regulate the qualification requirements of a registrar of deeds, deputy registrar of deeds and assistant registrar of deeds;

(c) provide for the appointment of the chief registrar of deeds;

(d) provide for the responsibilities and duties of the chief registrar of deeds;

(e) provide for the recordal of land tenure rights lawfully issued by Government or any other competent authority;

(f) further provide for the registration of waivers of preference in respect of registered real rights in favour of leases;

(g) delete reference to the registration of copies of powers of attorney in another deeds registry;

(h) provide for the inspection of records and the supply of information by the chief registrar of deeds;

(i) further regulate the duties, composition, voting powers and remuneration of members of the deeds registries regulations board;

(j) provide for the Minister to make regulations in respect of this Act and the Electronic Deeds Registration Systems Act 2019;

(k) 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;

(l) further regulate the registration of State land;

(m) further regulate the issuing of certificates of registered title of undivided shares in land; (n) further regulate the periods for the registration of notarial bonds in more than one deeds registry;

(o) 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;

(p) provide for a penalty provision in respect of the unauthorised preparation, execution and attestation of deeds and documents;

(q) insert a definition of ‘attorney’, and to 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;

(r) to provide for the amendment of the Electronic Deeds Registration Systems Act 2019 (Act No. 19 of 2019), to the extent set out in the Schedule. "

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