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Deeds Registries Amendment Act, 1993 [No. 14 of 1993] - G 14631

^Gove^r^nment^Gazet^t^e¹⁴⁶³¹

^ST^A^TE^PRESIDEN^T^'S^OFFICE

No. 374

¹⁰^March¹⁹⁹³

It is hereby notified that the State President has assented to the following Act which is hereby published for general information:-

NO. 14 OF 1993: DEEDS REGISTRIES AMENDMENT ACT, 1993

GENERAL EXPLANATORY NOTE:

Words in bold type indicate omissions from existing enactments. Words in italics indicate insertions in existing enactments.

ACT

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 the liquidator 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.

(Afrikaans text signed by the State President.) (Assented to 26 February 1993.)

BE IT ENACTED by the State President and the Parliament of the Republic of South Africa, as follows:-

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,^section²^o^f^Act²⁷^of¹⁹⁸²^and^se^c^tion²^of^A^c^t⁶²^of¹⁹⁸⁴

1. Section 2 of the Deeds Registries Act, 1937 (hereinafter referred to as the principal Act), is hereby amended by the substitution for

subsections (1C) and (2) of the following subsections, respectively:

"(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

^C^o^mmunity^Dev^e^lopment^Regⁱ^onal^and^Laⁿ^d^Affairs^.

(2) 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),

^uⁿ^less^he^has^passed^the^P^ublic^Servi^c^e^Law^Examiⁿ^ation^or^an^examination

^d^e^emed^by^the^Commission^f^or^Administ^r^ation^to^be^equivalent^t^hereto^and

^h^a^s^servedⁱⁿ^the^adminis^t^rative^divi^s^ion^of^the^p^ublic^servi^c^eⁱⁿ^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

^Act⁸⁷^of¹⁹⁶⁵^aⁿ^d^amended^by^section¹^o^f^Act⁴¹^of^1977,^secti^oⁿ¹^of^Act

⁹²^of^1978,^sectⁱ^on¹^of^Act⁴⁴^of^1980,^section³^of^Act²⁷^of¹⁹⁸²^and

^sectⁱ^on²⁸^of^Act⁸⁸^of¹⁹⁸⁴

2. Section 3 of the principal Act is hereby amended-

(a) by the substitution in paragraph (j)bis of subsection (1) of the

^Afrikaans^text^for^t^h^e^word^"groⁿ^d"^of^the^w^o^rd^"eiendom^"^;^and

(b) by the substitution for paragraph (x) of subsection (1) of the following paragraph:

"(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. The following section is hereby substituted for section 7 of the principal Act:

"Inspection of records and supply of information

7. (1) Each registrar shall on conditions prescribed and upon payment of the prescribed fees, permit any member of the pubic person to inspect the public registers and other public records

in his registry, other than the index to such registers or records, and to make copies of those records or extracts from those registers and to obtain such other information concerning deeds or other documents registered or filed in the registry as prior to the commencement of

^t^his^Act^cou^l^d,^customarⁱ^ly,^be^made^or^obtained^provided^th^a^t^no

^s^uch^fee^sha^l^l^be^payableⁱⁿ^respect^of^any^sear^c^h^or^inspec^t^ion^made

ⁱⁿ^a^deeds^r^e^gistry-

(a) by a conveyancer or notary public in connection with any deed: which he has been instructed to prepare, attest or lodge in such registry; or

(b) by any land surveyor in connection with any survey which he has been instructed to perform; or

(c) by any sheriff or messenger of a magistrate's court or his deputy, in connection with the exercise of his duties as such.

(2) 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. Section 9 of the principal Act is hereby amended by the substitution for paragraph (b) of subsection (2) of the following paragraph:

"(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,^sectⁱ^on⁴^of^Act⁸⁷^of^1965,^section⁴^of^Act³^of¹⁹^72,

^sectⁱ^on²^of^Act⁹²^of^1978,^section⁵^of^Act²⁷^of¹⁹⁸²^and^sec^t^ion³^of

^Act⁶²^of¹⁹⁸⁴

5. Section 10 of the principal Act is hereby amended-

(a) by the substitution for paragraph (q) of subsection (1) of the following paragraph:

"(q) subject to the provisions of the Black Communities Development Act, 1984, and of the regulations made thereunder the form of applications, deeds and registers which shall be used in connection with the registration of a right of leasehold, and any other real right in respect of land held under such right of leasehold;"; and

(b) by the deletion of subsection (7).

Amendment of section 14 of Act 47 of 1937, as amended by section 7 of Act

⁴³^of^1957,^sectⁱ^on⁷^of^Act⁴³^of¹⁹⁶³^a^nd^section⁶^of^Act⁸⁷^o^f¹⁹⁶⁵

6. Section 14 of the principal Act is hereby amended-

(a) by the substitution in subsection (1) for subparagraph (iii) of paragraph (b) of the following subparagraph:

"(iii) if in the administration of the estate of a deceased ^person⁽ⁱ^ncluding^a^f^iduciary)^aⁿ^y^redistrib^u^tion^of^the^whole^or any portion of the assets in such estate takes place among the heirs and legatees (including ascertained fideicommissary heirs and legatees) of the deceased, or between such heirs and legatees ^and^the^s^urviving^sp^o^use,^the^ex^e^cutor^or^ad^m^inistrator trustee of such estate may transfer the land or cede the real rights therein direct to the persons entitled thereto in terms of such redistribution;";

(b) by the substitution in subsection (1) for subparagraph (vii) of paragraph (b) of the following subparagraph:

"(vii) if the right of any person to claim transfer of such
^land^or^c^ession^of^s^u^ch^real^rig^h^t^from^any^o^ther^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."; and
(c) by the substitution for subsection (2) of the following subsection: "(2) In any transfer or cession in terms of any proviso to
^subsecti^oⁿ^(1)(b),^t^h^ere^shall^be^paid^the^t^r^ansfer^duty^and
^death^du^t^ies^which^w^o^uld^have^be^eⁿ^payable^h^a^d^the^prope^r^ty
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^of¹⁹⁸²

7. Section 15A of the principal Act is hereby amended by the substitution for subsection (2) of the following subsection:

"(2) The provisions of subsection (1) shall apply mutatis mutandis to any person other than a conveyancer-

(a) who is prescribed by regulation; or

(b) 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

^Act⁸⁸^of¹⁹⁸⁴^aⁿ^d^amended^by^section¹^o^f^Act⁷⁵^of¹⁹⁸⁷

9. Section 17 of the principal Act is hereby amended-

(a) by the substitution in subsection (3) for the word "transport" of the word transfer"; and

(b) by the substitution for paragraph (b) of subsection (5) of the following paragraph:

"(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^applic^a^ble.".

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. Section 18 of the principal Act is hereby amended by the substitution for subsection (3) of the following subsection:

"(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

^W^orks^or^an^o^fficer^of^t^h^e^State^aut^h^orized^by^hⁱ^m^or,ⁱⁿ^the^case

^o^f^the^Terri^t^ory,^by^the^Administrat^o^r^of^the^Te^r^ritor^y^,^acc^o^mpanied^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

^Act⁴³^of¹⁹⁶²^aⁿ^d^amended^by^section¹³^of^Act⁸⁷^of¹⁹⁶⁵

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,^sectⁱ^on⁷^of^Act³^of¹⁹⁷²^aⁿ^d^section¹²^of^Act²⁷^o^f¹⁹⁸²

12. Section 42 of the principal Act is hereby amended-

(a) by the substitution in subsection (1) for the words following upon

³^paragr^a^ph^(d)^of^t^h^e^following^words:

"desires to consolidate his title in respect of those pieces of land on uniform conditions of tenure or subject to the reservation of uniform rights in favour of the State, the title deeds of the
said pieces of land may, with the written consent of the Minister of
^Community⁴^Developm^e^nt^Public^W^o^rks^or,ⁱⁿ^t^he
^case^of^t^he^Territor^y^,^of^the^Ad^m^inistrator^o^f^the^Terri^t^ory^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.", and
(b) by the substitution for subsection (3) of the following subsection: "(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

^Act²⁷^of¹⁹⁸²

13. Section 43A of the principal Act is hereby amended by the substitution in subsection (1) for the words preceding the proviso of the following words:

"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. Section 45 of the principal Act is hereby amended by the substitution for paragraph (c) of subsection (2) of the following paragraph:

"(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. Section 45bis of the principal Act is hereby amended by the substitution for subsection (2) of the following subsection:

"(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.

(b) If immovable property referred to in subsection (1A) is hypothecated under a registered mortgage bond the endorsement provided for in the said subsection shall not be made unless-

(i) such bond is cancelled; or

(ii) the said property is released from the bond; or

(iii) 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,^sectⁱ^on²³^of^Act⁸⁷^of^1965,^section⁸^o^f^Act³^of¹⁹⁷²^and

^sectⁱ^on¹⁵^of^Act²⁷^of¹⁹⁸²

16. Section 56 of the principal Act is hereby amended by the substitution for paragraphs (a) and (b) of the proviso to subsection (1) of the following paragraphs, respectively:

"(a) in execution of the judgment of any court (including a magistrate's court and a Commissioner's Court) by the competent officer;

(b) by the trustee of an insolvent estate, an executor administering

^and^dist^r^ibuting^an^e^state^under^section³⁴^o^f^the^Adminⁱ^stration^of

^Estates^A^ct,¹⁹⁶⁵^(A^c^t^No.⁶⁶^of^1965),^the^l^iquidator^of^a^company

^or^a^clo^s^e^corporati^oⁿ^which^is^u^nable^to^pay^its^debts^a^nd

^which^is^being^wound^up^by^or^un^d^er^the^supe^r^vision^of^t^h^e^court^or

a liquidator or trustee elected or liquidator or trustee elected or appointed under the Agricultural Credit Act, 1966 (Act No. 28 of

^1966);^o^r^".

Amendment of section 58 of Act 47 of 1937, as substituted by section 17 of

^Act²⁷^of¹⁹⁸²


17. Section 58 of the principal Act is hereby amended by the deletion in subsection (4) of the word "and" at the end of paragraph (b) and the insertion after paragraph (b) of the following paragraph:
: "(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. Section 62 of the principal Act is hereby amended-

(a) by the substitution for subsection (4) of the following subsection:

"(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."; and

(b) by the substitution for the proviso to subsection (6) of the following provisos:

"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^regis^t^ry^being^ne^c^essary,^the^registrarsⁱⁿ^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^regist^r^y^duplicate^,^and^on^pro^d^uction^of^t^h^e
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,^sectⁱ^on²⁷^of^Act⁴³^of¹⁹⁶²^and^section¹⁹^of^Act²⁷^of¹⁹⁸²

19. Section 65 of the principal Act is hereby amended by the substitution for subsection (3) of the Afrikaans text of the following subsection:

"(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^of¹⁹⁵⁷

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

^Act⁴³^of^1957,^s^ection³⁶^of^Act⁴³^of¹⁹⁶²^and^sec^t^ion²¹^of^A^c^t²⁷^of

¹⁹⁸²

21. Section 93 of the principal Act is hereby amended by the addition of the following subsection:

"(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.

(b) 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.

(c) 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

^r^egistry.^".

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^of¹⁹⁸⁹^and^s^e^ction³²^of^Act¹¹³^of¹⁹⁹¹

22. Section 102 of the principal Act is hereby amended-

(a) by the substitution in subsection (1) for the definition of

^"conveyaⁿ^cer"^of^the^following^d^e^finition:

" '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⁽^A^ct^No.¹³^of^1918),^or^t^he^Deeds
^Registri^e^s^Proclamatⁱ^on,¹⁹²⁰^(P^r^oclamation^N^o.⁸^of¹⁹²⁰^),^of^the
^Territor^y^,^was^autho^r^ized^by^law^to^prepare^d^eeds^of^traⁿ^sfer^and
^mortgage^bonds^within^such^proviⁿ^ce^;";

(b) by the deletion in subsection (1) of the definition of

^"Governm^e^nt";

^"Ministe^r^"^of^the^fo^l^lowing^defiⁿ^ition:

" 'Minister' means the Minister of Public Works Regional and Land Affairs,";

(d) by the substitution in subsection (1) for paragraphs (a) and (b) of the definition of "owner" of the following paragraphs, respectively:

"(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. 28 of 1966), the liquidator of a company or a close corporation which is an owner and the representative recognized by law of any owner who has died or who is a minor or of unsound mind or is otherwise under disability, provided such trustee, liquidator or legal representative is acting within the authority conferred on him by law;

(b) immovable property where a right of leasehold in

^resp^e^ct^of^such^p^roperty^has^been^granted^to^any^per^s^on^and
registered in his name, such person, and where such a right of leasehold has been registered in the name of both spouses in a marriage in community of property-

(i) to which the provisions of Chapter III of the Matrimonial Property Act, 1984 (Act No. 88 of 1984), are not applicable, the husband; and

(ii) to which the provisions of Chapter III of the Matrimonial Property Act,> 1984, are applicable, either one of the spouses acting with the written consent, attested by two competent witnesses, of the other spouse; and";

(e) by the deletion in subsection (1) of the definitions of "province" and "provincial administration"; (f) by the deletion in subsection (1) of the definition of "Republic"; (g) by the deletion in subsection (1) of the definitions of "State" ^"Ter^r^itory"^and^"^the^commenc^e^ment^of^this^Act",^and

(h) 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.

Short title and commencement

25. (1) This Act shall be called the Deeds Registries Amendment Act,

^1993,^and^shall^c^ome^into^op^e^ration^on^a^date^fixed^b^y^the^State^President

^by^p^r^oclamationⁱⁿ^the^Gazet^t^e.

(2) Different dates may be fixed under subsection (1) in respect of different provisions of this Act.