According to Proclamation Notice 230 of 2024, sections 4 and 5 of the Electronic Deeds Registration Systems Act (‘the EDRS Act’) come into effect today, Monday, 2nd December 2024.
Assented to in 2019, the EDRS Act aims to facilitate the implementation of an electronic deeds registration system (‘e-DRS’) that aligns with legislation governing electronic communications and transactions. An e-DRS will enable the efficient registration of high volumes of deeds and documents, nationwide access to deeds registration services, improved accuracy, the introduction of security features, and enhanced turnaround times.
Pursuant to section 7(2) of the EDRS Act, President Ramaphosa may designate different dates for when certain provisions of the Act come into effect. Until now, only section 2 of the Act, which formally empowers the Chief Registrar of Deeds to develop, implement, and maintain an e-DRS, was operational.
Under the Act, section 4 regulates the registration of authorised users of an e-DRS while section 5 empowers the Minister of Land Reform and Rural Development to create and publish Regulations governing, inter alia, the procedures for the electronic registration of deeds and documents, access for informational purposes, and record storage. The operation of sections 4 and 5 is thus crucial to the eventual full-scale implementation of the e-DRS.
For further information or to consult with an attorney specialising in property law and conveyancing, contact us at info@stbb.co.za.
