In a clear bid to hasten the modernisation of conveyancing practice in South Africa, the remaining provisions of the Deeds Registries Amendment Act (‘the Amendment Act’) recently took effect. The commencement of the provisions, which impact components of the Electronic Deeds Registration Systems Act (‘the EDRS Act’), are part of a piecemeal effort to facilitate the implementation of an electronic deeds registration and recordal system.
Effective 1st September, sections 3(a), 6(b), 12(d), 12(g), and 13 of the Amendment Act, which alter the legislation regulating the registration of deeds in South Africa, are now in operation.
Intended to advance security of land tenure, section 3(a) of the Amendment Act requires the Registrar of Deeds to record lawfully issued land tenure rights, along with the amendment and cancellation thereof. In addition, the provision mandates the registration of the conversion of land tenure rights to another form of rights, including ownership, in compliance with any legal requirements.
Importantly, section 6(b) of the Amendment Act empowers the Minister to regulate the form of certificates, applications, registers, consents, and other documents which must be used in connection with the recordal of lawfully issued land tenure rights.
To enhance the interpretation of the Deeds Registries Act, sections 12(d) and 12(g) of the amending statute introduce new definitions, including ‘land tenure right’ and ‘recorded’.
Significantly, section 13 of the Amendment Act amends the EDRS Act to the extent outlined in the former’s schedule. Most notably, the inclusion of ‘recordal’ throughout the schedule expands the scope of the electronic deeds registration system to incorporate the recording of deeds and documents. This addition ensures that the system accommodates the recordal of rights and related documents, as envisaged by the Amendment Act. This addition broadens the system’s utility and ensures document authenticity.
Part of a wider effort to digitalise conveyancing in South Africa, these amendments are essential to facilitating the full-scale implementation of an electronic deeds registration and recordal system.
For expert legal assistance with property-related matters, contact our team of specialist conveyancing attorneys at info@stbb.co.za today.
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