Rural Development and Land Reform, Department of/ Landelike Ontwikkeling en Grondhervorming, Departement van

Transcription

1 Rural Development L Reform, Department of/ Lelike Ontwikkelg en Grondhervormg, Departement van 589 Deeds Registries Amendment Act, 1937: Deeds Registries Amendment Bill, 2017 the Explanatory Memorum for public comment No GOVERNMENT GAZETTE, 15 AUGUST 2017 General Notices Algemene Kennisgewgs DEPARTMENT OF RURAL DEVELOPMENT AND LAND REFORM NOTICE 589 OF 2017 to: By 0001 PRETORIA X918 Bag Private Reynolds Antoette Attention: Reform L Development Rural Deeds: of Registrar Chief The to: post By address: followg the to notice this of publication the of days calendar 30 with comments written submit to vited are public the of Members comment. public for Memorum Explanatory the 2017 Bill, Amendment Registries Deeds the publishes hereby Reform L Development Rural of Mister The This gazette is also available free onle at

2 STAATSKOERANT, 15 AUGUSTUS 2017 No (As troduced the National Assembly as a section 75 Bill; explanatory summary of Bill published Government Gazette No of 15 August 2017) (The English text is the official text of the Bill) This gazette is also available free onle at

3 6 No GOVERNMENT GAZETTE, 15 AUGUST 2017 therewith. connected matters for provide to registry; deeds a duties their to relation out carried not was diligence or care reasonable where stances liable be to registry deeds a employed official or registrar the for provide to registry; deeds one than more bond notarial a of registration the regulate further to l; over bonds of respect debtors of substitution the regulate further to l; shares undivided of title registered of certificates of issug the regulate further to l; State unalienated of registration the regulate further to regulations; make to Mister the for provide to issues; gender for provide to board; regulations registries deeds the of members of remuneration appotment duties, the regulate further to registry; deeds another attorney of powers of copies of registration the to reference delete to leases; of favour rights real registered of respect preference of waivers of registration the for provide to as so 1937, Act, Registries Deeds the amend To This gazette is also available free onle at

4 STAATSKOERANT, 15 AUGUSTUS 2017 No N a a ; s O fn -It o cd -ti O 3 C..J N C" O O "~ -ft -% a o N 4:h Ñ (p 2h.s O "O*, CD 3 ' O tn -ft co V N e o a s cry 3 N -I o O "` D Ift. A -ft 11. CD Ca N 0 0s 0...a O OD 3 CD j CO ID O M 3 D O. N (}.-r CO 0-1. A O 3 _a -t m óf id: a o. -u tt.) 2010 of 12 Act of 2 section 2006 of 5 Act of 1 section 2005, of 11 Act of 1 section 2004, of 11 Act of 46 section 2003, of 24 Act of 53 section 2002; of 28 Act of 110 section 1996, of 11 Act of 1 section 1995, of 67 Act of 68 section 1993, of 122 Act of 9 section 1993, of 14 Act of 2 section 1984, of 88 Act of 28 section 1982, of 27 Act of 3 section 1980, of 44 Act of 1 section 1978, of 92 Act of 1 section 1977, of 41 Act of 1 section 1965, of 87 et of 2 section 1962, of 43 Act of 2 section 1957, of 43 Act of 2 section 1956, 50 Act of 14 section by amended as 1937, of 47 Act of 3 section of endment ". ; procedure practice their uniformity about brg to order necessary be may as registries deeds the all over supervision such exercise Mister, the of directions the to subject shall, who ne section mentioned board regulations registries deeds the of officer executive chairperson [chairman] the be such as shall who deeds, of registrar chief a "(a) paragraph: followg the of (a) paragraph for (1) subsection substitution the by amended hereby is "), Act prcipal "the as to referred (hereafter 1937) of 47 No. (Act 1937 Act, Registries Deeds the of 2 Section 1. This gazette is also available free onle at

5 8 No GOVERNMENT GAZETTE, 15 AUGUST 2017 ". Africa]; South of Court High the of registrar or Master a by registry deeds a upon acted beg of purpose the for issued been have which or thereof, registrar the by certified been have which registry, deeds another registered powers such of copies register registry[, deeds a registrable transactions or acts of series a out carry to or powers, such grantg prcipals the for generally act to authorized are there named agents the whereby attorney of powers register "(u) paragraph: followg the of (u) paragraph for (1) subsection substitution the by registered;"; be to about or registered whether leases, bonds mortgage of favour l, rights real registered of respect preference of waivers register "(i) - followg the of (i) paragraph: paragraph for (1) subsection substitution the by amended hereby is Act, prcipal the of 3 Section 2. This gazette is also available free onle at

6 STAATSKOERANT, 15 AUGUSTUS 2017 No office."; of period her or his of expiration the before time any at member a such of appotment the termate so, dog for reason good is there opion her or his if may, Mister the but Mister, the by determed period the for office hold shall Mister the by appoted board the of member A "(a) paragraph: followg the of -"; (a) paragraph whom of Mister, for (3) subsection substitution the by the by appoted members other four (1)(a), 2 section of terms officer executive chairperson [chairman] as deeds of registrar chief the of consist shall board "The words: followg the of (a) paragraph precedg words the for (2) subsection substitution the by "; Mister. the by it to referred matter any on Mister the advise (c) advisable; be may which action other or amendments any to regard Mister the to recommendations make may which review regular under regulations the Act this of implementation operation the keep (b) regulations: make may Mister the which to regard matter any concerng Mister the to 10 section specified - recommendations make (a) shall which 10] section mentioned subjects the upon regulations make to power [with "), board "the called section this ( board regulations registries deeds a established be shall There "(1) subsection: followg the of (1) subsection for substitution the by 5 This gazette is also available free onle at

7 10 No GOVERNMENT GAZETTE, 15 AUGUST 2017 subsection: followg the of (5) subsection for substitution the by Mister."; the by specified place time a at board the of meetg a convene to board the of chairperson [chairman] the direct time any at may Mister The (b) chairperson. [chairman] the by determed places times the at meet shall board The (a) "(4) subsection: followg the of (4) subsection for substitution the by determe."; may Fance. of Mister the of concurrence the with Mister, the as allowances subsistence travellg remuneration such paid be board, the of busess the engaged is she or he while shall, State, the of service -time full the member a excludg board, the of member A (3C) appoted. was member such which for period the of portion unexpired the for vacancy the fill to person a appot (2), subsection of provisions the to subject may, Mister the office, of period her or his of expiration the before office her or his vacates or dies board the of member a If "L3B) subsections: followg the of (3A) subsection after sertion the by "; member. alternate an of appotment the to applicable changes, necessary the with (3)j subsections [subsection] of provisions The are, (3C) (3B) "(c) paragraph: followg the of (c) paragraph for (3A) subsection substitution the by 6 This gazette is also available free onle at

8 STAATSKOERANT, 15 AUGUSTUS 2017 No ". (9). subsection under Gazette the published Mister the by made [approved] regulations to reference with mutis mutatis apply shall 1957), of 33 No. (Act 1957 Act, Interpretation the of 17 section of provisions The "(10) subsection: followg the of (10) subsection for substitution the by thereof."; commencement of date the as notice relevant the specified date the before month one least at Gazette the published be been] has Mister the by approved been has it unless effect [take shall Mister [board] the by made Regulations, regulation] [No "(9) subsection: followg the of (9) subsection for substitution the by board."; the of members the all by to agreed been have made so recommendation [regulations] any that provided meetg, a holdg without also 10 section specified matters concerng Mister the to recommendations [regulations] make may board The the] approval Mister's the [With "(8) subsection: followg the of (8) subsection for substitution the by chairperson."; [chairman] as act shall (2)(a) subsection to referred member the board, the of chairperson [chairman] the of absence the In "(5) 7 This gazette is also available free onle at

9 12 No GOVERNMENT GAZETTE, 15 AUGUST 2017 ". conveyancer. a by prepared thereof title State registered of certificate a diagram, the with accordance form prescribed the execute registers appropriate the l the of particulars enter duplicate], [ l the of diagram the by accompanied her, or him by authorized State the of officer an or Works Public of Mister the by application written upon shall, concerned registrar the diagrams a on represented is surveyed been has l State unalienated of piece any if "(3) subsection: followg the of (3) subsection for substitution the by amended hereby is Act prcipal the of 18 Section 5. -". prescribg regulations make board, regulations registries deeds the of recommendation upon may, Mister ne] section under established [board "The words: followg the of (a) paragraph precedg words the for (1) subsection substitution the by amended hereby is Act prcipal the of 10 Section 4. This gazette is also available free onle at

10 STAATSKOERANT, 15 AUGUSTUS 2017 No registered be to transfer of deeds by share her or ". simultaneously. his of whole the of disposes owner jot a here w necessary be not shall certificate a such that further Provided rtificate: ce a such of production the without share or l such of whole the of lease a of registration the effect or hypothecate or deed such under held share the of fraction a or l the share undivided an transfer together may deed title one under holdg so owners jot the all that Provided registrar: the to produced is share undivided such of title registered of certificate a unless registry deeds a registered be shall thereover ht a ri eal r or l the share undivided her or his of fraction any or whole the of lease or hypothecation or share undivided her or his of only fraction a of transfer no l, such share undivided her or his of title registered of certificate a obta seven, thirty- section of provisions the to subject may, deed, title one under others person such by held are or is which shares or of hole the l of piece a of owner jot the is who person Any "(1) subsection: followg the of (1) subsection for substitution the by amended hereby is Act prcipal the of 34 Section 6. This gazette is also available free onle at

11 14 No GOVERNMENT GAZETTE, 15 AUGUST k. a " o 3 co i -n 7 C. co 3 :4 m y 04' CD ñ = f/j 3 ñ 41. O O O, CA D..*1 o.. -h wa cl o P. P.4,.1%..1. v co al 0 -ti n) -% y O,...i W n = so y ñ a1 3 O.- O. co N.< Q O -Oi, y CD CO O Óo = b1 N CD V.n+ O. ñ...a. :4. CD ". amount. lesser a for or there disclosed debt the of amount the for bond the of respect debtor the as transferor the for transferee the of substitution the to transferee the bond the of holder the of form prescribed the consent written the duplicate], him, [to produced is there that further Provided l: the share a exclude shall l the of whole the to reference subsection, this of purposes the for that Provided bond: the of respect debtor as transferor the for transferee the substitute transfer the register section, said the of (1) subsection of provisions the notwithstg may, registrar the l, such right real any reserved not has thereunder, hypothecated l the of whole the person another to transfers -six), fifty section of (1) subsection of (b) paragraph to referred person a beg (not surety a of obligations the secure to bond mortgage a than other bond mortgage registered a under hypothecated is which l of transferor) the as to referred section this ( owner the If "(1) subsection: followg the of (1) subsection for substitution the by amended hereby is Act prcipal the of 57 Section 7. This gazette is also available free onle at

12 STAATSKOERANT, 15 AUGUSTUS 2017 No J officer or registrar such if or fide mala is omission or act such if that Provided omission: or act such of consequence person any by sustaed damage for liable officer or registrar such or Government the render shall registry deeds a employed officer any of or registrar any of omission or act No 99. ". allow. application on may court the as period extended such with or month one of period additional further a with registry successive each execution its of date the from months four month] [one of period a additional] [an with registry second the -one, sixty section of (1) subsection by prescribed period the with registry first the registered be shall registry deeds one than more registered be to required is which bond notarial A "(5) subsection: followg the of (5) subsection for substitution the by amended hereby is Act prcipal the of 62 Section 8. This gazette is also available free onle at

13 16 No GOVERNMENT GAZETTE, 15 AUGUST 2017 ". omission. or act such with connection duties her or his out carryg diligence care reasonable exercise not did officer or registrar such if or fide mala was omission or act such if Government the to therefrom resultg damage or loss any good make to liable be shall omission or act such of guilty officer or registrar the that further Provided aforesaid: damage the for liable be shall Government the omission, or act such with connection duties her or his out carryg diligence care reasonable exercised not has 12 This gazette is also available free onle at

14 STAATSKOERANT, 15 AUGUSTUS 2017 No deeds. of registration the for provides generally Act The Act. the of implementation application the improve to order "), Act "the as to referred (hereafter 1937) of 47 No. (Act 1937 Act, Registries Deeds the to amendments certa proposes which "), Bill "the as to referred (hereafter 2017 Bill, Amendment Registries Deeds the drafted ") Department "the ( Reform L Development Rural of Department The 1.1 N K) -t N 5- e. O N = 3 Q.0- O 0. W E F2 m N 0 VZ O v c n o z - 1 I m o CO c- m t) -I co o -n I rn v m v o -i xi m G) 5 -i 73 m ca n 3 m z v E m z - I This gazette is also available free onle at

15 18 No GOVERNMENT GAZETTE, 15 AUGUST 2017 the with experienced beg are problems However, registry. deeds one than more attorney of powers of copies of registration the for provides currently Act The attorney. of powers of registration the with deals Act the of 3(1)(u) Section leases. cludg by position the rectify to aims Bill, the of 2(a) clause contaed as 3(1)(i), section to amendment proposed The leases. of favour etc.) (usufruct rights real registered of preference of waivers of registration the for provide not does however, provision, This bonds. mortgage of favour l, rights real registered of respect preference of waivers register must registrar the that provides Act the of 3(1)(0 Section deeds. of registrar the of duties the with deals which Act, the of 3 section amend to seeks Bill the of 2 Clause Clause 3.2 registry. deeds a duties their to relation out carried not was diligence or care reasonable where cases registry deeds a employed official or registrar the of liability the registry deeds one than more bond notarial a of registration the of regulation the l over bonds of respect debtors of substitution the for provides l; shares undivided of title registered of certificates of issug the regulates board; the opposed as regulations makes Mister") "the ( Reform L Development Rural of Mister the board; the of members of remuneration appotment duties, the for provides 2 -A g, This gazette is also available free onle at

16 STAATSKOERANT, 15 AUGUSTUS 2017 No These Act, Titles Sectional the of 54 section with le also is situation the address to aims Bill, the of 3(e) clause proposed as 9(3C), 9(3B) sections of sertion proposed The determe. may Fance, of Mister the of concurrence the with Reform, L Development Rural of Mister the as allowances subsistence travellg remuneration such paid be to members for provide not does further It office. of period her or his of expiration the before office her or his vacates or dies member a where position a of respect silent is 9 Section Board. Regulations Titles Sectional the of members the of duties the with deals which 1986), of 95 No. (Act 1986 Act, Titles Sectional the of 54 section of provisions the with le also is regard this clarity provides Bill, the of 3(a) clause 9(1), section of amendment proposed The board. this of members the of duties the prescribe clearly not does however, 9(1), Section ". board regulations registries "deeds the of establishment the with deals Act the of 9 Section Clause 3.3 position. the rectify to aims Bill, the of 2(b) clause contaed as 3(1)(u), section to amendment proposed The registered. be to transactions fraudulent for door a opens problems admistration creates This registered. was copy its which registry deeds the not but registry, deeds one cancelled been have that attorney of powers of usage contued 3 This gazette is also available free onle at

17 20 No GOVERNMENT GAZETTE, 15 AUGUST o only. diagram one for provide to issue, the addresses Bill, the of 5 clause contaed as 18(3), section to amendment proposed The only. diagram one for call to is registries deeds practice the However, l. State unalienated of diagrams of duplicate, lodgement, the for provides 18(3) Section with. dealt be must l State which manner the for provides which Act, the of 18 section amends Bill the of 5 Clause 5 Clause Act, Titles Sectional the of 55 section of provisions the with le also is position the clarifies Bill, the of 3 clause amendments proposed the to aligned is which 10(1), section of amendment The Mister. the of stead board, the by regulations the of makg the to reference makes erroneously 10(1) Section made. be may regulations which of respect subjects of list a contas 10 Section 4 Clause Act, Titles Sectional the of 54 section of provisions the with le is position the rectify to aim Bill, the of 3(j) to 3(h) clauses proposed as 9(10), to 9(8) sections of amendment The board. said the by recommendation upon regulations the makes Mister the that is position correct the However, Act. the of 10 section mentioned subjects the of respect regulations make to board the empowers Act the of 9 Section This gazette is also available free onle at

18 STAATSKOERANT, 15 AUGUSTUS 2017 No l. the share a excludes l the of whole the to reference a that clarify to order regard, this uniformity create to aims Bill, the of 7 clause contaed as 57(1), section to amendment proposed The l. hypothecated shares over bonds of substitution the for allowg registries deeds certa to due 57 section of implementation the to regard with registries deeds the uniformity no is there However, bond. the of respect debtor as transferor the for transferee the substitute transfer the register may registrar the thereunder, hypothecated l the of whole the person another to transfers bond mortgage registered a under hypothecated is which l of owner the where that provides 57(1) Section bond. a of respect debtor a of substitution the for provides which Act, the of 57 section amends Bill the of 7 Clause 7 Clause 3.7 rights. real cludg by lacuna this addresses accordgly Bill, the of 6 clause contaed as 34, section to amendment proposed The l. such share undivided her or his over etc.) (usufruct right real a register to wishes person a where stances obtaed be to title registered of certificate a for provide not does however, 34(1), Section l. such share her or his for obtaed is title registered of certificate a unless l share undivided her or his of only fraction a lease or hypothecate transfer, not may person a that provides further 34(1) Section l. of piece a of owner jot the is who person a to title registered of certificate a of issug the for provides Act the of 34(1) Section shares. undivided of title registered of certificates with deals which Act, the of 34 section amends Bill the of 6 Clause 6 Clause This gazette is also available free onle at

19 22 No GOVERNMENT GAZETTE, 15 AUGUST 2017 duties her or his out carryg diligence care reasonable exercised not has officer or registrar such if or fide mala is omission or act such if that provides further 99 Section omission. or act such of consequence person any by sustaed damage for liable officer or registrar such or Government the render shall registry deeds a employed officer any of or registrar any of omission or act no that provides Act the of 99 Section registries. deeds omissions or acts for liability from exemption for provides which Act, the of 99 section amends Bill the of 9 Clause 9 Clause 3.9 calculated. be must dates the which manner the clarity provides Bill, the of 8 clause contaed as 62(5), section of amendment proposed The terpreted. differently beg section said the of provisions the to due period, time prescribed the of date expiry the after registered beg bonds notarial to leads 62(5) section of ambiguity The month. one of period further a with registry deeds successive each month, one of period additional an with registry deeds second the allow, application on may court the as period extended such with or execution its of date the after months three of period a with registry deeds first the bond, notarial such of registration the for provides 62(5) Section busess. on carries debtor such which area any servg registry deeds every as well as resides debtor the which area the for registry deeds the registered be must bond notarial a Such registries. deeds different by served areas busess on carries resides debtor a where stances registry deeds one than more bond notarial a of registration the for provides 62(1) Section bonds. notarial of registration the for provides which Act, the of 62 section amends Bill the of 8 Clause 8 Clause This gazette is also available free onle at

20 STAATSKOERANT, 15 AUGUSTUS 2017 No duties. their to relation out carried not was diligence or care reasonable where stances liable be also to official or registrar the for provide to seeks Bill, the of 9 clause contaed as 99, section of amendment proposed The fide. mala was omission or act such if Government, the to damage or loss any good make to liable be shall omission or act such of guilty officer or registrar the that provides also 99 Section aforesaid. damage the for liable be shall Government the omission, or act such with connection 7 V Z m o = m Fl This gazette is also available free onle at

21 24 No GOVERNMENT GAZETTE, 15 AUGUST 2017 oa Ñ Bill. the of contents the on have should provces the say more the provces, the of capacities concerns terests, the affects Bill the more The provces. the affects it whether on depends legislatures provcial the by considered be must Bill a how Furthermore, Provces. of Council National the provces the by considered be should Bill the how of question the with concerned is process The Schedule. that of terms classified be must Constitution the to 4 Schedule listed area functional a with fall measure substantial provisions whose Bill any that is Bill a of classification for test established The 8.3 OD co :D. 5» -1 This gazette is also available free onle at

22 STAATSKOERANT, 15 AUGUSTUS 2017 No o óo 14 o O -u G 6- m- a. (D CD O. O. C 5..n-. S O CD 7 V o CYJ O 0 = m a (CI traditional of customs or law customary to pertag provisions communities. conta not does it sce 2003), of 41 No. (Act 2003 Act, Framework Governance Leadership Traditional the of 18(1)(a) section of terms Leaders Traditional of House National the to Bill this refer to necessary not is it that opion the of also are We 8.9 This gazette is also available free onle at