DEEDS REGISTRIES AMENDMENT BILL, DEEDS REGISTRIES AMENDMENT BILL, 20132013

CLAUSE BY CLAUSE PRESENTATION CLAUSE BY CLAUSE PRESENTATION BY BY MR S B MBATHA – ACTING MR S B MBATHA – ACTING

CHIEF REGISTRAR OF DEEDSCHIEF REGISTRAR OF DEEDS

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

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INTRODUCTION

This presentation aims to provide a clause by clause explanation of the Deeds Registries Amendment Bill, 2013. The current position will be outlined, then followed by an outline of the proposed amendments and then a discussion of the effect of the proposed amendments.

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Clause 1 of the Bill

CURRENT POSITION

Section 4(1)(b)(iii) currently requires the Registrar of Deeds to insist on lodgement of all affected deeds when an error in registration is to be rectified.

PROPOSED AMENDMENT

The proposed amendment inserts the words “unless the registrar, on good cause shown, directs otherwise in section 4(1)(b)(iii).

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Clause 1 continuedEFFECT OF AMENDMENT

The amendment will accord the Registrar of Deeds the discretion not insist on the lodgement of all affected deeds in appropriate circumstances.

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Clause 2 of the Bill

CURRENT POSITION

Currently the heading and body of section 38 relates only to lost and destroyed deeds to the exclusion of incomplete and unservisable deeds.he amendment will accord the Registrar of Deeds the discretion not insist on the lodgement of all affected deeds in appropriate circumstances.

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Clause 2 continued

PROPOSED AMENDMENT

The proposed amendment amends the heading and the body of the section to make reference to incomplete and unserviceable title deeds as well.

EFFECT OF AMENDMENT

Amendment will facilitate the application of section 38 with regard to incomplete and unserviceable title deeds as well.

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Clause 3 of the Bill

CURRENT POSITION

Section 44(1) currently makes reference to the Land Survey Act, 1927. However, the Land Survey Act No. 9 of 1927 has been repealed and replaced by the Land Survey Act No. 8 of 1997.

Proposed amendment

The proposed amendment omits reference to the old Survey Act and inserts reference to the new Survey Act.

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Clause 3 continued

EFFECT OF AMENDMENT

The amendment updates the Act with regard to other legislative developments.

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Clause 4 of the Bill CURRENT POSITION

The current wording of the heading to section 48 refers to ‘ land in a Rand township’ and is outdated.

Proposed amendmentThe amendment deletes the words a Rand township and inserts the words ‘the area of jurisdiction of the deeds registry at Johannesburg’ in the heading.

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Clause 4 continued EFFECT OF AMENDMENT

The amendment enhances the application of the Act by omitting reference to antiquated concepts and brings about legal certainty.

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Clause 5 of the Bill CURRENT POSITION

Section 56(1)(b) of the Act currently makes reference to liquidators or trustees appointed under the Agriculture Credit Act No. 28 of 1966. However, the said Act was repealed by the Agricultural Debt Management Act No. 45 of 2001.

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Clause 5 continued PROPOSED AMENDMENT

The amendment deletes reference the to Agriculture Credit Act No. 28 of 1966 section 56 (1)(b).

EFFECT OF AMENDMENTThe amendment updates the Act with regard to other legislative developments.

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Clause 6 of the Bill CURRENT POSITION

Section 93 currently requires the Registrar of Deeds to insist on lodgement of all affected deeds when a name change registration is to be effected. It also does not accommodate the popular usage of double barrel surnames.

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Clause 6 of the Bill PROPOSED AMENDMENT

• The amendment (1) insert the words ‘save for the registration of a change of name of a company or close corporation,’ in sub-sections 93 (1) (a) and (b); and

• (2) it inserts the words ‘who, whether married or divorced, or a widow who adds to the surnamewhich she assumed after the marriage, any surname which she bore at any prior time, in section 93(1)(c).

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Clause 6 - Continue

EFFECT OF AMENDMENT

The amendment will;

1.Absolve companies registering a name change from having to lodge all operative deeds and;

2.Absolve women who prefer to use a double barrel surname from having to first register a name change before dealing with properties registered in their previous surnames.

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Clause 7 of the BillCURRENT POSITIONThe current definition of ‘deeds registry’ makes reference to a ‘mining titles office’. However, the Mineral and Petroleum Resources Development Act No. 28 of 2002 provides for the discontinuation of the registration of mineral rights in a deeds registry. PROPOSED AMENDMENTThe amendment deletes reference to the mining titles office in the definition of ‘deeds registry’.

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Clause 7 continued

EFFECT OF AMENDMENTThe amendment updates the Act with regard to other legislative developments.

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Clause 8 of the Bill

Clause 8 of the Bill contains the short title, which is just the name by which the new Act is to be known.

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