PRESENTATION TO THE PORTFOLIO PRESENTATION TO THE PORTFOLIO COMMITTEE ON RURAL DEVELOPMENT COMMITTEE ON RURAL DEVELOPMENT

AND LAND REFORM AND LAND REFORM

RESPONSE ON SUBMISSIONS RECEIVED RESPONSE ON SUBMISSIONS RECEIVED ON THE DEEDS REGISTRIES AMENDMENT ON THE DEEDS REGISTRIES AMENDMENT

BILL, 2013BILL, 2013

06 August 201306 August 2013

DEPARTMENT OF RURAL DEPARTMENT OF RURAL DEVELOPMENT & LAND REFORMDEVELOPMENT & LAND REFORM

Presentation by Mr N Gcingca• Mr Gcingca made a presentation on the

history relating to the Gcingca family heritage and land involved in such heritage.

• This issue does not fall within the ambit of the Deeds Registries Amendment Bill. Mr Gcingca was therefore advised, at the public hearings, to approach the land claims department for advice and assistance in respect of the lodgement of a land claim.

• Mr Gcingca referred to the incorrect spelling of his family surname in certain registered deeds.

• It was pointed out to Mr Gcincga that section 4(1)(b) of Act 47 of 1937 may be invoked to rectify the incorrect title deeds. Mr Gcincga needs to approach a conveyancer to assist him in the lodgement of the title deeds in the relevant deeds registry for amendment.

Mr N Gcingca - continue

• The proposals received from Mr Macnab do not relate to the Deeds Registries Amendment Bill.

• Mr Macnab proposes the registration of a ‘licence’ (similar to a car licence) in order to transfer ownership of land from the local authority to occupants entitled thereto.

• He further proposes the payment of a fee to the local authorities for the registration / issuing of such licenses.

Presentation by Mr B Macnab

• The proposal for the amendment of the Deeds Registries Act 47 of 1937, to cater for the registration of ‘licences’ is not supported.

• The deeds registration system is not familiar with the registration of ‘licences’ in order to provide for ownership / transfer of ownership in land.

• This proposal may be dealt with in Part 4 and Part 5 of the Housing Act 107 of 1997.

Mr B Macnab - continue

• Part 4 of Act 107 of 1997 deals with the functions of municipalities, administration of national housing programmes, and the granting of housing subsidies.

• Title deeds relating to the issuing of housing subsidies in terms of Act 107 of 1997, are being registered in terms of Act 47 of 1937.

• Further provisions relating to the granting and issuing of rights to ‘licences’ may therefore better be dealt with in Act 107 of 1997.

Mr B Macnab - continue

• It is concluded that the Deeds Registries Amendment Bill needs not to be amended to cater for the proposals received from Mr Gcingca and Mr Macnab.

Conclusion