Dr Samantha Smith is STBB's chief Content Writer and Legal Editor. She graduated with a BSocSci, LLB, LLM, and PhD (Law) from the University of Cape Town. Skilled in socio-legal analysis, critical thinking, and creative and technical writing, she previously worked in investigative legal research, with a special focus on animal law and environmental policy. As of February 2024, Samantha handles all STBB content. This includes brainstorming and writing all social media, newsflashes, newsletters, digital and print advertisements, magazine articles, and all webinar and podcast write-ups. Additionally, she attends to tenders and proposals, legal updates and presentations, biographies, brochures, information sheets, content for special projects, and various other digital publications and communications.

Conveyancing Correspondent | Digitalising deeds registration: Government publishes new EDRS Regulations and amended Deeds Registries Regulations

Pursuant to the partial commencement of the Electronic Deeds Registration Systems Act (‘the EDRS Act’) in December 2024, the Minister of Land Reform and Rural Development published the Regulations to the EDRS Act (‘the EDRS Regulations’) last week.

Scheduled to take effect on 4th April 2025, the EDRS Regulations detail, inter alia, the procedures for the electronic preparation, lodgement, execution, and registration of deeds and documents as part of government’s aim to digitalise and streamline the registration of deeds in South Africa.

To guide the operation of an electronic deeds registration system (‘e-DRS’), the EDRS Regulations outline four categories of authorised users, namely primary, secondary, internal, and public users, with different permissions for each category. For instance, deeds and documents intended for execution, registration, or filing may only be lodged by primary users, including conveyancers, notaries, and officers. Conversely, secondary users may lodge supporting documentation concerning the registration of deeds and documents for verification and authentication purposes.

In addition, the EDRS Regulations outline the manner of electronic payments and detail the procedures for electronic record storage.

In the same week, the Minister published amendments to the Regulations to the Deeds Registries Act (‘the Regulations’). Effective 5th April 2025, these regulatory amendments are purportedly designed to facilitate the shift towards the digitalisation of deeds registration and to enhance security of land tenure. For instance, the Regulations specify that, when dealing with the transfer of an undivided share, such share must now be represented as a percentage – not a fraction.

Notably, the Regulations introduce a new requirement: Form LLL must be completed, signed, and lodged for statistical and land audit purposes, which is in line with a recent amendment to the Deeds Registries Act empowering the Minister to regulate the collection of personal data.

Given these new Regulations, it is imperative that the Office of the Chief Registrar issue an explanatory CRC – to guide conveyancing and notarial practice – as soon as possible.

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