DEPARTMENT OF RURAL DEVELOPMENT & LAND REFORM

1. DEPARTMENT OF RURAL DEVELOPMENT & LAND REFORM PRESENTATION TO THE PORTFOLIO COMMITTEE ON RURAL DEVELOPMENT AND LAND REFORM DEEDS REGISTRIES AMENDMENT BILL, 2013 29 May 2013

2. INTRODUCTION A Deeds Registries Regulations Board, established in terms of section 9(1) of the Deeds Registries Act No. 47 of 1937 (‘the Act’), has the power to make recommendations to the Minister and to advise the Minister on any matter referred to the Board by the Minister. The following amendments reflect the recommendations of the Board: 1

3. Section 4(1)(b) provides for the rectification of an error in the name of a person or the description of a property in deeds or documents. If such error is common to two or more deeds, all such deeds must be lodged for amendment. The proposed amendment to section 4(1)(b)(iii) aims to afford the registrar of deeds discretion with regards to the lodgement, or not, of all the relevant deeds. 2 Clause 1 of the Bill

4. Section 38 provides for the issuing of certificates of registered title to take the place of lost or destroyed title deeds. The proposed amendment to section 38, in clause 2 of the Bill, seeks to provide for the issuing of certificates of registered title in instances where title deeds become incomplete or unserviceable. 3 Clause 2 of the Bill

5. Section 44(1) 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 However, the Land Survey Act No. 9 of 1927 has been repealed and replaced by the Land Survey Act No. 8 of 1997. The proposed amendment to section 44(1) to refer to Act No. 8 of 1997 is a necessary and consequential amendment. 4 Clause 3 of the Bill

6. Clause 4 of the Bill The heading to section 48 refers to ‘a Rand township’ and is outdated. The substitution of the heading, as proposed in clause 4 of the Bill, is necessary to provide legal certainty with regard to the deeds registry that has jurisdiction for the purposes of section 48. This is necessary since there are two deeds registries located within the Gauteng province, namely in Johannesburg and Pretoria. 5

7. Clause 5 of the Bill Section 56(1)(b) of the Act makes reference to liquidators or trustees appointed under the Agriculture Credit Act No. 28 of 1966, which Act was repealed by the Agricultural Debt Management Act No. 45 of 2001. The proposed amendment to section 56 (1)(b) is therefore a necessary and consequential amendment. 6

8. Clause 6 of the Bill Section 93 provides for a change of name in deeds. It also provides for the lodgement of consents from persons that are affected by a name change and the lodgement of operative deeds in which the old name appears, for endorsement regarding the name change. Problems are experienced with the lodgement of consents / operative deeds in instances where big companies change names. The proposed amendment to section 93(a) and (b) addresses the issue. 7

9. Clause 6 - Continue Section 93(1)(c) deals with the upgrading of title deeds in respect of the change of surnames of women. The proposed amendment to section 93(1)(c), to provide for ‘double barrel surnames’, is necessary in order to bring it in line with the provisions of section 26 of the Births and Deaths Registration Act No. 51 of 1992. 8

10. Clause 7 of the Bill The 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. The proposed amendment to the definition of ‘deeds registry’ is therefore a necessary and consequential amendment. 9

11. Clause 8 of the Bill contains the short title. 10 Clause 8 of the Bill