This new legislation by President Ramaphosa promises to transform the deeds registration process in South Africa.
Image: Phando Jikelo / Independent Newspapers
President Cyril Ramaphosa has approved the new Deeds Registries Amendment Bill, according to a statement from the Presidency.
The Presidency said: "President Cyril Ramaphosa has assented to the Deeds Registries Amendment Bill, which seeks to enhance deeds registration processes and procedures and will create uniformity in the deeds registry practice and procedures."
This new law amends the Deeds Registries Act of 1937 and seeks to address issues at deeds registries as well as conveyancers experience in regard to registration processes and procedures.
According to the statement, the law provides for the appointment of a Registrar, Deputy Registrar and Assistant Registrar of Deeds in terms of the Public Service Act. The new law will also regulate the qualification requirements for these positions.
"The legislation also provides for modernisation of the deeds system and records in the form of directing that the Chief Registrar of Deeds must: subject to the Electronic Communications and Transactions Act, develop, establish and maintain the electronic deeds registration and recordal system," the Presidency said.
"This must be done through the use of information and communications technologies for the preparation, lodgment, registration, recordal, execution and storing of deeds and documents, with the necessary security and privacy safeguards."
The legislation also provides that an attorney, conveyancer and notary in the employ of the Department of Agriculture, Land Reform and Rural Development may do the duties of an attorney, conveyancer and notary for transactions that relate to State land.
The bill introduces a penalty provision in regards to the unauthorised preparation, execution and attestation of deeds and documents, according to the Presidency.
These measures aim to accelerate deeds registration and transfer as well as combat fraud, duplication and other issues. The new measures will also improve the understanding of land and property ownership in South Africa.
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