To amend the Deeds Registries Act, 1937, so as to effect certain textual alterations; to delete references to the former territory of South-West Africa; to further regulate the inspection of registers and other records in a deeds registry and the supply of information; to further regulate the sequence that deeds must follow; to further regulate the acceptance of responsibility for the accuracy of facts in a deed or other document prepared for certain purposes; to regulate the transfer or cession by means of endorsement in respect of bonds passed by both spouses who were married in community of property; to provide that cancellation or release of a bond is not necessary if the transfer of land is made by theliquidator of a close corporation; to further regulate the registration of notarial bonds; to further regulate the registration of certain changes of names; and to further define or to delete certain expressions; and to provide for matters connected therewith.
Amendment of section 2 of Act 47 of 1937, as amended by section 1 of Act 43 of 1957, section 1 of Act 43 of 1962, section 1 of Act 87 of 1965, section 2 of Act 61 of 1969, section 2 of Act 3 of 1972, section 7 of Act 62 of 1973, section 2 of Act 27 of 1982 and section 2 of Act 62 of 1984 1.
(1C) The Minister may delegate any power conferred on him by this section, to the Director-General: Community Development Regional and Land Affairs or a Deputy Director-General in the Department of Community Development Regional and Land Affairs.
No person shall be appointed as chief registrar, registrar, deputy registrar or assistant registrar of deeds after the commencement of section 2 of the Deeds Registries Amendment Act, 1984 (Act No. 62 of 1984), unless he has passed the Public Service Law Examination or an examination deemed by the Commission for Administration to be equivalent thereto and has served in the administrative division of the public service in one or more deeds registries or in the deeds registry established by the Deeds Registry Proclamation, 1939 (Proclamation No. 37 of 1939), of the Administrator of South-West Africa for a period of not less than seven years: Provided that this subsection shall not apply with reference to the authorization of any officer under subsection (1A) or (1B) to act as contemplated in the relevant subsection.
Amendment of section 3 of Act 47 of 1937, as substituted by section 2 of Act 87 of 1965 and amended by section 1 of Act 41 of 1977, section 1 of Act 92 of 1978, section 1 of Act 44 of 1980, section 3 of Act 27 of 1982 and section 28 of Act 88 of 1984 2.
"(x) remove from his records, with the approval of the Master and after the lapse of ten years from the date of entry in such records, any entry made therein, whether before or after the commencement of this Act, in pursuance of the transmission to him of a notice of liquidation or an order of liquidation or sequestration or in pursuance of the lodging with him by the Master of a return under section ten of the Administration of Estates Act, 1965;".
Substitution of section 7 of Act 47 of 1937, as substituted by section 3 of Act 87 of 1965 3.
by any sheriff or messenger of a magistrate's court or his deputy, in connection with the exercise of his duties as such.
Notwithstanding anything to the contrary in any other law contained, no person (including the State) shall be exempted from the payment of the prescribed fees referred to in subsection (1).
Amendment of section 9 of Act 47 of 1937, as substituted by section 9 of Act 57 of 1975 and amended by section 4 of Act 27 of 1982 4.
"(b) one shall be an officer in the head office of the Department of Community Development Regional and Land Affairs; and".
Amendment of section 10 of Act 47 of 1937, as amended by section 5 of Act 43 of 1962, section 4 of Act 87 of 1965, section 4 of Act 3 of 1972, section 2 of Act 92 of 1978, section 5 of Act 27 of 1982 and section 3 of Act 62 of 1984 5.
Amendment of section 14 of Act 47 of 1937, as amended by section 7 of Act 43 of 1957, section 7 of Act 43 of 1963 and section 6 of Act 87 of 1965 6.
"(vii) if the right of any person to claim transfer of such land or cession of such real right from any other person has been vested in any third person in terms of any judgment or order of any court (including a magistrate's court and a Commissioner's Court, or in terms of a sale in execution held pursuant to any such judgment or order, transfer of such land or cession of such real right may be passed direct to such third person by the person against whom such right was exercisable."
"(2) In any transfer or cession in terms of any proviso to subsection (1)(b), there shall be paid the transfer duty and death duties which would have been payable had the property concerned been transferred or ceded to each person successively becoming entitled thereto.".
Amendment of section 15A of Act 47 of 1937, as inserted by section 6 of Act 27 of 1982 7.
who is authorized by any other law to prepare a deed or other document for registration or filing in a deeds registry, and who has in accordance with the regulations prepared a deed or other document prescribed by regulation for registration or filing in a deeds registry.
Repeal of section 16B of Act 47 of 1937 8. Section 16B of the principal Act is hereby repealed.
Amendment of section 17 of Act 47 of 1937, as substituted by section 29 of Act 88 of 1984 and amended by section 1 of Act 75 of 1987 9.
"(b) in a case where a right to any mineral or minerals with regard to land referred to in section 2(1) of the Mineral Laws Supplementary Act, 1975 (Act No. 10 of 1975) 20(1) of the Minerals Act, 1991 (Act No. 50 of 1991), is concerned, to constitute an act to which a provision of the said section 2(1) 20(1) is applicable.".
Amendment of section 18 of Act 47 of 1937, as amended by section 6 of Act 3 of 1972 and section 8 of Act 27 of 1982 10.
"(3) If any piece of unalienated State land has been surveyed and is represented on a diagram the registrar concerned shall, upon written application by the Minister of Community Development Public Works or an officer of the State authorized by him or, in the case of the Territory, by the Administrator of the Territory, accompanied by the diagram of the land in duplicate, enter particulars of the land in the appropriate registers and execute in the prescribed form and in accordance with the diagram, a certificate of registered State title thereof prepared by a conveyancer.".
Amendment of section 33 of Act 47 of 1937, as substituted by section 15 of Act 43 of 1962 and amended by section 13 of Act 87 of 1965 11. Section 33 of the principal Act is hereby amended by the deletion of subsection (2).
Amendment of section 42 of Act 47 of 1937, as amended by section 17 of Act 43 of 1962, section 7 of Act 3 of 1972 and section 12 of Act 27 of 1982 12.
Community 4 Development Public Works or, in the case of the Territory, of the Administrator of the Territory and on compliance with the provisions of this section, be superseded by a certificate of uniform title issued by the registrar, in the prescribed form, subject to such uniform conditions of tenure or to the reservation of such uniform 4 rights in favour of the State, as are set forth in such written consent.
"(3) The Minister of Community Development Public Works or, in the case of the Territory, the Administrator of the Territory may agree with the owner as to the aforesaid uniform conditions of tenure or uniform rights in favour of the State, and may consent to the issue of a certificate of uniform title.".
Amendment of section 43A of Act 47 of 1937, as inserted by section 13 of Act 27 of 1982 13.
"In the event of land reverting to the land register under the provisions of the Sectional Titles Act, 1971 (Act No. 66 of 1971) 1986 (Act No. 95 of 1986), without revival of the developer's title deed in terms of the said Act, the registrar shall issue a certificate of registered title in the prescribed form in respect of such land in substitution of the certificates of registered sectional titles under which the land was held prior to such reversion:".
Amendment of section 45 of Act 47 of 1937, as amended by section 20 of Act 43 of 1957, section 19 of Act 43 of 1962, section 31 of Act 88 of 1984 and section 2 of Act 24 of 1989 14.
"(c) the said bond has been passed by the survivor alone or by both spouses who were married in community of property, and a written consent (which shall be in duplicate, in the prescribed form and signed by the survivor and the legal holder of the bond) to the release of the estate of the deceased spouse from liability under the bond and to the substitution of the survivor as sole debtor in respect thereof, is produced to the registrar together with the bond. ".
Amendment of section 45bis of Act 47 of 1937, as substituted by section 2 of Act 75 of 1987 and amended by section 3 of Act 24 of 1989 15.
(2) (a) If immovable property referred to in subsection (1) or (1A) is hypothecated under a registered mortgage bond, the provisions of subsections (2), (3) and (4) of section 45 shall mutatis mutandis apply.
the former spouses jointly and severally assume liability in writing (in the prescribed form and signed by both such spouses and the legal holder of the bond) for all the indebtedness and renounce the exception de duobus vel pluribus reds debendi.
Amendment of section 56 of Act 47 of 1937, as amended by section 26 of Act 43 of 1957, section 23 of Act 87 of 1965, section 8 of Act 3 of 1972 and section 15 of Act 27 of 1982 16.
by the trustee of an insolvent estate, an executor administering and distributing an estate under section 34 of the Administration of Estates Act, 1965 (Act No. 66 of 1965), the liquidator of a company or a close corporation which is unable to pay its debts and which is being wound up by or under the supervision of the court or a liquidator or trustee elected or liquidator or trustee elected or appointed under the Agricultural Credit Act, 1966 (Act No.
Amendment of section 58 of Act 47 of 1937, as substituted by section 17 of Act 27 of 1982 17.
"(bA) close corporations which are unable to pay their debts and are liquidated and wound up by or under the supervision of the court under the Close Corporations Act, 1984 (Act No. 69 of 1984); and".
Amendment of section 62 of Act 47 of 1937, as substituted by section 2 of Act 15 of 1953 and amended by section 29 of Act 43 of 1957 and section 25 of Act 43 of 1962 18.
"(4) Registration of a notarial bond executed by a company incorporated with limited liability or a close corporation shall, if the bond is registered in the deeds registry for the area in which the registered office of the such company or close corporation is situated at the date of the registration of such bond, be effective as registration for the whole of the Republic."
"Provided that where a deeds registry uses a filing process referred to in section 3(3), it shall not be necessary to produce a further duplicate, grosse or certified copy of such bond: Provided further that in the event of simultaneous registration in more than one deeds registry being necessary, the registrars in respect of the other registries may each accept one duplicate or grosse or a copy thereof certified by a notary, for registration and for filing as the registry duplicate, and on production of the original bond registered in the first registry, shall endorse thereon the facts of registration in such other registries, and similarly record on the registry duplicate facts of registration in other registries.".
Amendment of section 65 of Act 47 of 1937, as amended by section 30 of Act 43 of 1957, section 27 of Act 43 of 1962 and section 19 of Act 27 of 1982 19.
"(3) Indien die grond wet deur 'n persoonlike serwituut beswaar moet word, beswaar is met 'n verband of ander saaklike reg waarteen bedoelde persoonlike serwituut sou kon indruis, beswaar is moet die verband of ander geregistreerde akte waarkragtens daardie reg besit word aan die registrateur voorgele word, sesame met 'n geskrewe toestemming van die wettige houer van daardie verband of ander reg tot die registrasie van bedoelde persoonlike serwituut, en, in die geval van 'n verband, vry van die verband.".
Amendment of section 75 of Act 47 of 1937, as amended by section 34 of Act 43 of 1957 20.
Section 75 of the principal Act is hereby amended by the deletion of subsection (2).
Amendment of section 93 of Act 47 of 1937, as amended by section 38 of Act 43 of 1957, section 36 of Act 43 of 1962 and section 21 of Act 27 of 1982 21.
(3)(a) Notwithstanding the provisions of subsection (2), any owner of immovable property may in writing request the Minister to change the name of such immovable property which appears in any registered deed on the ground that such name may be offensive because of the racial connotation thereof.
If the Minister is satisfied that such name may be offensive because of the racial connotation thereof, he may order the Surveyor-General to effect the change of name in the relevant registers and documents and on the relevant diagrams.
The Surveyor-General shall notify the registrar concerned of any change of name effected under paragraph (b), and the registrar shall thereupon amend the relative deeds and registers in his deeds registry.
Amendment of section 102 of Act 47 of 1937, as amended by section 12 of Act 3 of 1972, section 22 of Act 27 of 1982, section 9 of Act 62 of 1984, section 4 of Act 75 of 1987, section 7 of Act 3 of 1988, section 6 of Act 24 of 1989 and section 32 of Act 113 of 1991 22.
" 'conveyancer' means, in respect of any deeds registry, a person practicing as such in the province within which that deeds registry is situate and includes every person who at the commencement of the Deeds Registries Act, 1918 (Act No. 13 of 1918), or the Deeds Registries Proclamation, 1920 (Proclamation No.
(a) immovable property, subject to paragraphs (b) and (c), the person registered as the owner or holder thereof and includes the trustee in an insolvent estate, a liquidator or trustee elected or appointed under the Agricultural Credit Act, 1966 (Act No.
to which the provisions of Chapter III of the Matrimonial Property Act, 1984 (Act No.
by the deletion of subsection (2). Repeal of section 102A of Act 47 of 1937 23.
Section 102A of the principal Act is hereby repealed. Repeal of Act 93 of 1976 24.
The Registration of Deeds in Rehoboth Act, 1976, is hereby repealed.
This Act shall be called the Deeds Registries Amendment Act, 1993, and shall come into operation on a date fixed by the State President by proclamation in the Gazette.