South Africa: Consolidated Acts

[Last checked: 21 March 2025.*]

*The last time this Act was reviewed for updates.

 

ELECTRONIC DEEDS REGISTRATION SYSTEMS ACT 19 OF 2019

[Updated to 14 March 2025.**]

**Date of last changes incorporated into this Act.

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English text signed by the President

Assented to 19 September 2019

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Published: G. 42744 of 3 October 2019

Commencements:

S 2: 2 December 2019 – Proc 59 in G. 42871 of 29 November 2019;

Ss 4, 5: 2 December 2024 – Proc 230 in G. 51655 of 26 November 2024;

Ss 1, 3, 6: 1 April 2025 – Proc 250 in G. 52289 of 14 March 2025

 

Uncommenced amendment

Deeds Registries Amendment Act 20 of 2024 (G. 51730, with effect from 10 December 2024; ss 3(a), 6(b), 12(d), 12(g), 13: To be proclaimed).

 

ACT

 

To provide for electronic deeds registration, having regard to legislation regulating electronic communication and transactions; and to provide for matters connected therewith.

 

Uncommenced amendment To provide for electronic deeds registration and recordal, having regard to legislation regulating electronic communication and transactions; and to provide for matters connected therewith. [Long Title substituted by s 13 of Act 20 of 2024 with effect from date to be proclaimed.]

 

ARRANGEMENT OF SECTIONS

 

1.       Definitions

2.       Development, establishment and maintenance of electronic deeds registration system

3.       Validity of deeds and documents

4.       Authorised users

5.       Regulations

6.       Transitional provisions

7.       Short title and commencement

 

1.         Definitions

 

In this Act, unless the context indicates otherwise—

 

“authorised user” means a user of the electronic deeds registration system contemplated in section 4, and “user” has a corresponding meaning;

 

Uncommenced amendment “authorised user” means a user of the electronic deeds registration and recordal system contemplated in section 4, and “user” has a corresponding meaning; [“authorised user” substituted by s 13 of Act 20 of 2024 with effect from date to be proclaimed.]

 

“Chief Registrar” means the Chief Registrar of Deeds appointed in terms of section 2 of the Deeds Registries Act;

 

“conveyancer” means a conveyancer as defined in section 102 of the Deeds Registries Act;

 

“deed or document”, for the purpose of any act of registration, execution or filing in terms of the Deeds Registries Act and Sectional Titles Act or any other law, means a deed or document in the form of a data message as defined in the Electronic Communications and Transactions Act, generated, submitted, received or stored by electronic means in the electronic deeds registration system, and includes scanned images of a deed or document;

 

Uncommenced amendment “deed or document”, for the purpose of any act of registration, recordal, execution or filing in terms of the Deeds Registries Act and Sectional Titles Act or any other law, means a deed or document in the form of a data message as defined in the Electronic Communications and Transactions Act, generated, submitted, received or stored by electronic means in the electronic deeds registration and recordal system, and includes scanned images of a deed or document; [“deed or document” substituted by s 13 of Act 20 of 2024 with effect from date to be proclaimed.]

 

“Deeds Registries Act” means the Deeds Registries Act, 1937 (Act 47 of 1937);

 

“deeds registry” means a deeds registry as defined in section 102 of the Deeds Registries Act;

 

“Electronic Communications and Transactions Act” means the Electronic Communications and Transactions Act, 2002 (Act 25 of 2002);

 

“electronic deeds registration system” means the electronic deeds registration system contemplated in section 2;

 

Uncommenced amendment “electronic deeds registration and recordal system” means the electronic deeds registration and recordal system contemplated in section 2; [“electronic deeds registration and recordal system” , formerly “electronic deeds registration system” substituted by s 13 of Act 20 of 2024 with effect from date to be proclaimed.]

 

“executed” means executed in a deeds registry;

 

“Minister”* means the Minister of Rural Development and Land Reform;

*Administration, powers and functions transferred to the Minister of Land Reform and Rural Development, effective immediately before the President assumed office on 19 June 2024 – Proc 199 / G. 51368 / 11 October 2024.

 

Uncommenced amendment “Minister” means the Minister of Agriculture, Land Reform and Rural Development; [“Minister” substituted by s 13 of Act 20 of 2024 with effect from date to be proclaimed.]

 

“notary public” means a notary public as defined in section 102 of the Deeds Registries Act;

 

“owner” means an owner as defined in section 102 of the Deeds Registries Act;

 

“prescribe” means prescribe by regulations;

 

Uncommenced amendment “recorded” means recorded in a deeds registry and includes recordal; [“recorded” substituted by s 13 of Act 20 of 2024 with effect from date to be proclaimed.]

 

“registered” means registered in a deeds registry and includes registration;

 

“Registrar” means the Registrar of Deeds appointed in terms of section 2 of the Deeds Registries Act;

 

“regulation” means a regulation made under section 5;

 

“Sectional Titles Act” means the Sectional Titles Act, 1986 (Act 95 of 1986); and

 

“signature”, in respect of any act performed in terms of the Deeds Registries Act and Sectional Titles Act by a conveyancer, notary public, statutory officer or Registrar in attesting his or her signature to a deed or document or a scanned image of a deed or document in respect of the registration thereof, means an advanced electronic signature as defined in section 1 of the Electronic Communications and Transactions Act, and ‘electronic signature’ has a corresponding meaning.

 

[S 1 commencement: 1 April 2025.]

 

Uncommenced amendment “signature” in respect of any act performed in terms of the Deeds Registries Act and Sectional Titles Act by a conveyancer, notary public, statutory officer or Registrar in attesting his or her signature to a deed or document or a scanned image of a deed or document in respect of the registration or recordal thereof, means an advanced electronic signature as defined in section 1 of the Electronic Communications and Transactions Act; [“signature” substituted by s 13 of Act 20 of 2024 with effect from date to be proclaimed.]

 

2.       Development, establishment and maintenance of electronic deeds registration system

 

(1)     The Chief Registrar of Deeds must, subject to the Electronic Communications and Transactions Act, develop, establish and maintain the electronic deeds registration system using information and communications technologies for the preparation, lodgement, registration, execution and storing of deeds and documents.

 

(2)     In achieving the objectives contemplated in subsection (1), the Chief Registrar of Deeds may, after consultation with the Regulations Board referred to in section 9 of the Deeds Registries Act, issue directives for—

 

(a)     the functional requirements of the electronic deeds registration system;

 

(b)     the technical specifications for the electronic deeds registration system;

 

(c)      the specifications for the interface between the electronic deeds registration system and any party interfacing in the system which will be authorised to access the electronic deeds registration system;

 

(d)     the standards governing the information security of the electronic deeds registration system;

 

(e)     the operation of the electronic deeds registration system;

 

(f)      the processing of deeds and documents using the electronic deeds registration system;

 

(g)     the secure retention and subsequent production of deeds and documents, or any other electronic records, which may be pertinent to the registration of rights in the deeds registry or that may be required for the administrative or legal proceedings that must be complied with by users interacting with the electronic deeds registration system; and

 

(h)     any other matter specifically provided for in this Act.

[S 2 commencement: 2 December 2019.]

 

Uncommenced amendment 2.       Development, establishment and maintenance of electronic deeds registration and recordal system (1)     The Chief Registrar of Deeds must, subject to the Electronic Communications and Transactions Act, develop, establish and maintain the electronic deeds registration and recordal system using information and communications technologies for the preparation, lodgement, registration, recordal, execution and storing of deeds and documents. (2)     In achieving the objectives contemplated in subsection (1), the Chief Registrar of Deeds may, after consultation with the Regulations Board referred to in section 9 of the Deeds Registries Act, issue directives for— (a)     the functional requirements of the electronic deeds registration and recordal system; (b)     the technical specifications for the electronic deeds registration and recordal system; (c)      the specifications for the interface between the electronic deeds registration and recordal system and any party interfacing in the system which will be authorised to access the electronic deeds registration and recordal system; (d)     the standards governing the information security of the electronic deeds registration and recordal system; (e)     the operation of the electronic deeds registration and recordal system; (f)      the processing of deeds and documents using the electronic deeds registration and recordal system; (g)     the retention and subsequent production of deeds and documents, or any other electronic records, which may be pertinent to the registration and recordal of rights in the deeds registry or that may be required for the administrative or legal proceedings that must be complied with by users interacting with the electronic deeds registration and recordal system; and (h)     any other matter specifically provided for in this Act. [S 2 substituted by s 13 of Act 20 of 2024 with effect from date to be proclaimed.]

 

3.         Validity of deeds and documents

 

Subject to section 14 of the Electronic Communications and Transactions Act, a deed or document generated, registered and executed electronically and any other registered or executed deed or document scanned or otherwise incorporated into the electronic deeds registration system by electronic means is for all purposes deemed to be the only original and valid record.

[S 3 commencement: 1 April 2025.]

 

Uncommenced amendment 3.       Validity of deeds and documents Subject to section 14 of the Electronic Communications and Transactions Act, a deed or document generated, registered, recorded and executed electronically and any other registered, recorded or executed deed or document scanned or otherwise incorporated into the electronic deeds registration and recordal system by electronic means is for all purposes deemed to be the only original and valid record. [S 3 substituted by s 13 of Act 20 of 2024 with effect from date to be proclaimed.]

 

4.       Authorised users

 

Any user of the electronic deeds registration system authorised by the regulations must be registered in the manner and under the conditions as may be directed by the Chief Registrar of Deeds.

[S 4 commencement: 2 December 2024.]

 

Uncommenced amendment 4.       Authorised users Any user of the electronic deeds registration and recordal system authorised by the regulations must be registered in the manner and under the conditions as may be directed by the Chief Registrar of Deeds. [S 4 substituted by s 13 of Act 20 of 2024 with effect from date to be proclaimed.]

 

5.       Regulations

 

(1)     The Minister may, on the recommendation of the Regulations Board referred to in section 9 of the Deeds Registries Act, make regulations relating to—

 

(a)     the procedures for the electronic lodgement of deeds or documents;

 

(b)     the procedures for electronic record storing by deeds registries;

 

(c)      the manner of identification of the person who prepares, executes, lodges, registers or stores any deed or document required or permitted to be prepared, executed, lodged, registered or stored in any deeds registry;

 

Uncommenced amendment (c)      the manner of identification of the person who prepares, executes, lodges, registers, records or stores any deed or document required or permitted to be prepared, executed, lodged, registered, recorded or stored in any deeds registry; [S 5(1)(c) substituted by s 13 of Act 20 of 2024 with effect from date to be proclaimed.]

 

(d)     the manner in which electronic payment of fees may be introduced;

 

(e)     the procedure and manner for accessing the electronic deeds registration system for information purposes only;

 

Uncommenced amendment (e)     the procedure and manner for accessing the electronic deeds registration and recordal system for information purposes only; [S 5(1)(e) substituted by s 13 of Act 20 of 2024 with effect from date to be proclaimed.]

 

(f)      the authorisation of any user of the electronic deeds registration system, as contemplated in section 4; and

 

Uncommenced amendment (f)      the authorisation of any user of the electronic deeds registration and recordal system, as contemplated in section 4; [S 5(1)(f) substituted by s 13 of Act 20 of 2024 with effect from date to be proclaimed.]

 

(g)     any matter that may be necessary to give effect to the objectives of this Act.

 

(2)     The Minister must, before making regulations in terms of this Act—

 

(a)     publish the proposed regulations in the Gazette for public comments;

 

(b)     allow a period of at least 30 days for written comments on the proposed regulations; and

 

(c)      consider any such written comments received.

 

(3)     The regulations must be published in the Gazette, and shall come into operation on a date specified in the relevant notice, which date must not be less than 30 days from the date of publication thereof.

[S 5 commencement: 2 December 2024.]

 

6.       Transitional provisions

 

(1)     This Act does not affect the validity of any registrations effected prior to the coming into operation thereof.

 

(2)     The Registrar must continue with the registration, execution and filing of deeds and documents as prescribed by the Deeds Registries Act and the Sectional Titles Act, until the electronic deeds registration system or related provisions or regulations are in place, whereafter the registration, execution and filing procedures in terms of the Deeds Registries Act and the Sectional Titles Act will be discontinued in respect of all deeds, documents or deeds registries.

 

(3)     A conveyancer, notary public and statutory officer must continue with the preparation and lodgement of deeds and documents as prescribed by the Deeds Registries Act and the Sectional Titles Act, until the electronic deeds registration system or related provisions or regulations are in place, whereafter the preparation and lodgement procedures in terms of the Deeds Registries Act and the Sectional Titles Act will be discontinued in respect of all deeds, documents or deeds registries: Provided that any deed or document electronically executed or registered, shall be deemed to have been executed or registered in the presence of the Registrar by the owner or by a conveyancer authorised by power of attorney to act on behalf of the owner.

 

(4)     Notwithstanding subsections (2) and (3), the Chief Registrar of Deeds may issue a directive for the continuation of the preparation, lodgement, registration, execution and filing of deeds and documents manually, as prescribed by the Deeds Registries Act and the Sectional Titles Act, whereupon a conveyancer, statutory officer and notary public may either use the said manual system or the electronic deeds registration system until such period as may be determined by the Chief Registrar.

[S 6 commencement: 1 April 2025.]

 

Uncommenced amendment 6.       Transitional provisions (1)     This Act does not affect the validity of any registrations and recordals effected prior to the coming into operation thereof. (2)     The Registrar must continue with the registration, recordal, execution and filing of deeds and documents as prescribed by the Deeds Registries Act and the Sectional Titles Act, until the electronic deeds registration and recordal system, or related provisions or regulations are in place, where after the registration, recordal, execution and filing procedures in terms of the Deeds Registries Act and the Sectional Titles Act will be discontinued in respect of all deeds, documents or deeds registries. (3)     A conveyancer, notary public and statutory officer must continue with the preparation and lodgement of deeds and documents as prescribed by the Deeds Registries Act and the Sectional Titles Act, until the electronic deeds registration and recordal system, or related provisions or regulations are in place, where after the preparation and lodgement procedures in terms of the Deeds Registries Act and the Sectional Titles Act will be discontinued in respect of all deeds, documents or deeds registries: Provided that any deed or document electronically executed or registered, shall be deemed to have been executed or registered in the presence of the Registrar by the owner or by a conveyancer authorised by power of attorney to act on behalf of the owner. (4)     Notwithstanding subsections (2) and (3), the Chief Registrar of Deeds may issue a directive for the continuation of the preparation, lodgement, registration, recording, execution and filing of deeds and documents manually, as prescribed by the Deeds Registries Act and the Sectional Titles Act, whereupon a conveyancer, statutory officer and notary public may either use the said manual system or the electronic deeds registration and recordal system, until such period as may be determined by the Chief Registrar. [S 6 substituted by s 13 of Act 20 of 2024 with effect from date to be proclaimed.]

 

7.       Short title and commencement

 

(1)     This Act is called the Electronic Deeds Registration Systems Act, 2019, and comes into operation on a date to be fixed by the President by proclamation in the Gazette.

 

Uncommenced amendment (1)     This Act is called the Electronic Deeds Registration and Recordal Systems Act, 2019, and comes into operation on a date to be fixed by the President by proclamation in the Gazette. [S 7(1) substituted by s 13 of Act 20 of 2024 with effect from date to be proclaimed.]

 

(2)     The President may set different dates for the coming into operation of the different provisions of this Act or the different acts of registration under the Deeds Registries Act and Sectional Titles Act.

 

Uncommenced amendment (2)     The President may set different dates for the coming into operation of the different provisions of this Act or the different acts of registration and recordal under the Deeds Registries Act and Sectional Titles Act. [S 7(2) substituted by s 13 of Act 20 of 2024 with effect from date to be proclaimed.]

 

(3)     The President may set different dates for the coming into operation of any or certain provisions of this Act for the different deeds registries.

[S 7 commencement: To be proclaimed.]