Tabled before Parliament in 2022, the Deeds Registries Amendment Bill (‘the Bill’) was passed earlier this year and finally assented to by President Ramaphosa last week. Designed to modernise and streamline the administration of deeds registration processes and procedures, the Bill introduces numerous amendments to the Deeds Registries Act (‘the Act’), which regulates the registration of deeds in South Africa.
The amendments, which are predominantly technical in nature, provide for the appointment of the Chief Registrar of Deeds, Deputy Registrar of Deeds, and Assistant Registrar of Deeds by the Minister of Land Reform and Rural Development in accordance with the provisions of the Public Service Act.
Intended to promote uniformity, the Bill aligns the Act’s definition of ‘attorney’, ‘conveyancer’ and ‘notary’ with section 1 of the Legal Practice Act. Crucially, it expands these definitions to include attorneys, conveyancers, and notaries in the employ of the Department of Agriculture, Land Reform and Rural Development concerning transactions related to state-owned land.
Moving towards the implementation of an electronic deeds registration system and the formalisation of all land ownership, the Bill amends the Electronic Deeds Registration Systems Act (‘the EDRS Act’) to incorporate the electronic recordal of existing and future land tenure rights in communal areas. Currently, communal landowners’ tenure rights are not formally recorded in Deeds Registries. Instead, it is administered informally by traditional bodies.
Significantly, the Bill proposes to divest the Deeds Registries Regulations Board (‘the Board’) of the power to make Regulations under the Act. In its place, the Bill empowers the Minister to introduce Regulations governing technical matters upon the recommendation(s) of the Board.
In light of South Africa’s history of land dispossession and racially skewed land ownership, the Bill permits the Minister to regulate the collection of personal information indicating the race, gender, and nationality of landowners for statistical purposes. Per the Bill, this information must be captured in a register for ‘official use’ by any national or provincial department.
Finally, the Bill introduces novel penalty provisions by criminalising mala fide acts or omissions by a registrar, officer, and any party to such ‘collusion’. Such persons will be liable to a fine, imprisonment, or both upon conviction. Additionally, the Bill penalises the unlawful preparation, execution, or attestation of any deeds or documents by unauthorised persons.
For a more comprehensive overview of the amendments, read our previous publication.
For further information or legal assistance, contact us at info@stbb.co.za.
