MEASURES IN THE RATIONALISING OF THE PUBLIC ADMINISTRATION: LAND AFFAIRS
PROCLAMATION
by the
President of the Republic of South Africa
No. R. 9, 1997
MEASURES IN THE RATIONALISING OF THE PUBLIC ADMINISTRATION WITH REFERENCE TO THE
DEPARTMENT OF LAND AFFAIRS UNDER THE CONSTITUTION OF THE REPUBLIC OF SOUTH
AFRICA, 1993
Under the powers vested in me by section 237 (3) of the Constitution of the
Republic of South Africa, 1993 (Act No. 200 of 1993), I hereby-
(a) amend the laws mentioned in Schedule 1 to the extent set out opposite
each such law in the second column of Schedule 1;
(b) repeal the laws mentioned in Schedule 2 to the extent set out opposite
each law in the third column of Schedule 2: Provided that the repeal of
any law shall not detract from the validity of anything done in terms of
the repealed laws up to the date upon which it ceased to be of force and
effect, or to any other right, privilege, obligation or liability
acquired, accrued or incurred as at the said date: Provided further
that nothwithstanding the repeal of any law, any registration in terms
of such a law not being finalised at the repeal of such a law may be
finalised as it the repeal did not take place; and
(c) declare the Deeds Registries Act, 1937 (Act No. 47 of 1937), and
the Sectional Titles Act, 1986 (Act No. 95 of 1986), applicable in the
national territory of the Republic of South Africa.
Given under my Hand and the Seal of the Republic of South Africa at Pretoria
this Twenty-eighth day of January, One thousand Nine hundred and Ninety-seven.
N. R. MANDELA
President
By Order of the President-in-Cabinet:
D. A. HANEKOM
Minister of the Cabinet
SCHEDULE 1
GENERAL EXPLANATORY NOTE:
Words in bold type indicate omissions from existing enactments.
Words in italics indicate insertions in existing enactments.
________________________________________________________________________________
Title, No. and |
year of law | Amendments
_______________|________________________________________________________________
The Deeds |1. The following section is hereby inserted after section 1:
Registries Act,|
1937 (Act No. |"Discontinuance of rationalised registries: Transfer of their
47 of 1937) |functions, records, other equipment and staff to a receiving
|deeds registry
|
|1 A. (1) For the purposes of this section-
|
|(a) a rationalised registry means-
|
| (i) the deeds registry established in terms of the
| Bophuthatswana Deeds Registries Act, 1937 (Act No. 47
| of 1937):
|
| (ii) the deeds registry established in terms of
| regulation 1 of Chapter 9 of the Bophuthatswana
| Regulations for the Administration and Control of Towns,
| Proclamation No. R. 293 of 1962:
|
| (iii) the registry of land titles established in terms of
| section 41 of the Bophuthatswana Black Areas Land
| Regulations, Proclamation No. R. 188 of 1969;
|
| (iv) the deeds registry established in terms of the Venda
| Deeds Registries Act, 1937 (Act No. 47 of 1937);
|
| (v) the registration office established in terms of section
| 13 of the Venda Land Affairs Proclamation (Proclamation
| No. 45 of 1990):
|
| (vi) the deeds registry established in terms of the Ciskei
| Deeds Registries Act, 1937 (Act No. 47 of 1937):
|
| (vii) the deeds registry established in terms of regulation 1
| of Chapter 9 of the Ciskei Townships Proclamation,
| 1962 (Proclamation No.R. 293 of 1962):
|
| (viii) the registry of land titles established in terms of
| section 41 of the Ciskei Land Regulations Act, 1982 (Act
| No. 14 of 1982);
|
| (ix) the deeds registry established in terms of the Gazankulu
| Deeds Registries Act, 1937 (Act No. 47 of 1937):
|
| (x) the deeds registry established in terms of regulation 1
| of Chapter 9 of the Gazankulu Regulations for the
| Administration and Control of Townships in Black Areas,
| Proclamation No. R. 293 of 1962;
|
| (xi) the registry of land titles established in terms of
| section 41 of the Gazankulu Black Areas Land
| Regulations, Proclamation No. R. 188 of 1969:
|
| (xii) the deeds registry established in terms of the KaNwqane
| Deeds Registries Act, 1937 (Act No. 47 of 1937);
|
| (xiii) the deeds registry established in terms of regulation 1
| of Chapter 9 of the KaNwgane Regulations for the
| Administration and Control of Townships in Black Areas,
| Proclamation No. R. 293 of 1 62:
|
| (xiv) the registry of land titles established in terms of
| section 41 of the Qwaqwa Black Areas Regulations,
| Proclamation No. R. 188 of 1969;
|
| (xv) the deeds registry established in terms of the
| KwaNdebele Deeds Registries Act, 1937 (Act No. 47 of
| 1937);
|
| (xvi) the deeds registry established in terms of regulation 1
| of Chapter 9 of the KwaNdebele Regulations for the
| Administration and Control of Towns, Proclamation No.
| R. 293 of 1962;
|
| (xvii) the registry of land titles established in terms of
| section 41 of the KwaNedebele Black Areas Land
| Regulations, Proclamation No. R. 1.88 of 1969;
|
|(xviii) the deeds registry established in terms of the KwaZulu
| Deeds Registries Act, 1937 (Act No. 47 of 1937);
|
| (xix) the deeds registry established in terms of regulation 1
| of Chapter 9 of the KwaZulu Regulations for the
| Administration and Control of Townships in Black Areas,
| Proclamation No. R. 293 of 1962:
|
| (xx) the registration office established in terms of section
| 11 of the KwaZulu Land Affairs Act, 1992 (Act No. 1 1
| of 1992);
|
| (xxi) the deeds registry established in terms of the Lebowa
| Deeds Registries Act, 1937 (Act No. 47 of 1937):
|
| (xxii) the deeds registry established in terms of regulation 1
| of Chapter 9 of the Lebowa Regulations for the
| Administration and Control of Townships in Black Areas,
| Proclamation No. R. 293 of 1962;
|
|(xxiii) the registry of land titles established in terms of
| section 41 of the Lebowa Black Areas Land Regulations,
| Proclamation No. R. 188 of 1969;
|
| (xxiv) the deeds registry established in terms of the Qwaqwa
| Deeds Registries Act, 1937 (Act No. 47 of 1937);
|
| (xxy) the deeds registry established in terms of regulation 1
| of Chapter 9 of the Qwagwa Regulations for the
| Administration and Control of Townships in Black Areas,
| Proclamation No. R. 293 of 1962;
|
| (xxvi) the registry of land titles established in terms of
| section 41 of the Qwaqwa Black Areas Land Regulations,
| Proclamation No. R. 188 of 1969.
|
|(b) the receiving registry means, in the case of -
|
| (i) the registries mentioned in subparagraphs (vi), (vii)
| and (viii) of paragraph (a), the deeds registry at King
| William's Town:
|
| (ii) the registries mentioned in subparagraphs (i), (ii) and
| AD of paragraph (a), in respect of land that formed part
| of the former Republic of Bophuthatswana which after the
| commencement of the Constitution of the Republic of
| South Africa, 1993 (Act No. 200 of 1993), is situated
| in the province of-
|
| (a) the Free State, the deeds registry at Bloemfontein:
|
| (b) Gauteng, the deeds registry at Pretoria
|
| (c) Mpumalanga, the deeds registry at Pretoria:
|
| (d) the North-West, situated-
|
| (i) within the area defined in Schedule 3 to
| Proclamation No. R. 9 of 1997, the deeds registry
| at Pretoria:
|
| (ii) outside the area defined in Schedule 3 to
| Proclamation No.R. 9 of 1997, the deeds registry at
| Vryburg;
|
| (e) the Northern Cape, the deeds registry at Vryburg;
|
| (iii) the registries mentioned in subparagraphs (iv) (y),
| (ix) to (xvii), (xxi). (xxii) and (xxiii) of
| paragraph (a), the deeds registry at Pretoria:
|
| (iv) the registries mentioned in subparagraphs (xviii),
| (xix) and (xx) of paragraph (a), the deeds registry
| at Pietermaritzburg; and
|
| (v) the registries mentioned in subparagraphs (xxiv),
| (xxv) and- deeds registry at Bloemfontein.
|
|(2) Notwithstanding the repeal of the laws mentioned in the
|Schedule 2 to Proclamation No. R.9 of 1997, a rationalised
|registry shall continue to exist until it is discontinued as
|contemplated in subsection (3).
|
|(3) (a) A rationalised registry shall be discontinued with
|effect from a date determined in respect of that registry by the
|Minister by notice in the Government Gazette.
|
|(b) Different dates may be so determined in respect of the
|different deeds registries.
|
|(4) The Minister may with effect from the date of commencement
|of Proclamation No. R.9 of 1997, take the necessary steps to
|transfer the records, equipment and any other property of a
|rationalised registry to the respective receiving registry.
|
|(5) Any official in the employ of a rationalised registry shall
|with effect from the date contemplated in subsection (3) be
|transferred to the receiving registry and shall be suitably
|taken up in the establishment of the receiving deeds office:
|Provided that the appointment of a person as a registrar or
|officer in charge of a registry of a rationalised registry shall
|lapse on the date contemplated in subsection (3).
|
|(6) All records of a rationalised registry shall with effect
|from -the date contemplated in subsection (3) be transferred to
|the receiving registry.".
|
|2. The amendment of section 2 by the insertion of the following
|paragraph after paragraph (c) of subsection (1) :
|
| "(d) for the office of the chief registrar of deeds, if
|necessary, one or more registrars of deeds, one or more deputy
|registrars of deeds, and one or more assistant registrars of
|deeds.".
|
|3. The following section is hereby substituted for section 15 -
|
| "15. Save as is otherwise provided in any other law, no deed
|of transfer, mortgage bond or certificate of title or
|registration of any kind mentioned in this Act shall be
|attested, executed or registered by a registrar unless it has
|been prepared by a conveyancer practising within the
|province within which his registry is situated.".
|
|4. The amendment of section 102 -
|
|(a) by the substitution for the definition of "conveyancer' of
| the following definition :
|
| " 'conveyancer' means, in respect of any deeds registry, a
| person practising as such in the province within which
| that deeds registry is situate Republic, and includes a
| person admitted as an attorney in terms of the relevant
| Transkeian legislation and Physically practising as such
| within the area of the former Republic of Transkei on or
| before the date of commencement of Proclamation No. R._9 of
| 1997;".
|
|(b) by the substitution for the definition of 'notary public' of
| the following definition :
|
| " 'notary public' means, in relation to any deed or other
| document creating or conveying real rights of land, a person
| practising as such in the Republic, province within
| which the land is registered; in relation to any other
| document executed within the Republic, a person practising
| as such in any province; and in relation to any other
| document executed outside the Republic, a person practising
| as such in the place where the document is executed;".
|
|5. Section 102B is hereby repealed.
|
|6. By the substitution for the words 'State President' and
| 'Commission for Administration', wherever they occur, of the
| words "President" and 'Public Service Commission'
| respectively.
|
2. (a) The |
Regulations for|
the Admini- |
stration |
and Control of |
Townships, |
Proclamation |
No. R. 293 of |
1962 of the |
former Republic|
of Bophuthat- |
swana; |
|1. The amendment of regulation 1 of
|Chapter 1 for the -
|
|(a) by the substitution for the definition of "deeds
|registry" of the following definition:
|
|" 'deeds registry' means, a deeds registry
| contemplated in regulation 1 of Chapter 9
| section 102 of the Deeds Registries Act, 1937 (Act
| No. 47 of 1937);"; and
|
|(b) by the insertion of the following definition after the
|definition of 'occupier':
|
|" 'officer in charge of a deeds registry' means the registrar
|referred to in section 102 of the Deeds Registries Act, 1937
|(Act No. 47 of 1937);"
|
|2. The amendment of regulation 3 of Chapter 1 -
|
|(a) by the substitution for subregulation (2) of the following
| subregulation :
|
| "(2) Notwithstanding the provisions of subregulation (1),
| the provisions of the Land Survey Act, 1927 (Act No. 9 of
| 1927), shall not apply to the survey of land granted under
| these regulations and the provisions of the Deeds
| Registries Act, 1937 (Act No. 47 of 1937), shall not apply
| to the registration of any deeds in respect of any such
| land"; and
|
|(b) by the insertion of the following subregulation after
| subregulation (2) :
|
| "(2A) Notwithstanding the provisions of subregulation (1),
| save as is otherwise provided in these regulations or the
| context otherwise indicates, the provisions of the Deeds
| Registries Act, 1937 (Act No. 47 of 1937), shall, in so far
| as such provisions can be so applied, apply mutatis mutandis
| in relation to all documents registered or filed or intended
| to be registered or filed in a deeds registry in terms of
| these regulations.".
|
|3. The amendment of regulation 1 of Chapter 9 -
|
|(a) by the substitution for subregulation (1) of the following
| paragraph :
|
| "(1) There is hereby established in the office of every
| Chief Commissioner a deeds registry in which shall be
| registered All documents relating to immovable property in
| any township in the area of jurisdiction of such Chief
| Commissioner referred to in these regulations shall be
| registered in a deeds registry.";
|
|(b) by the deletion of subregulations (2) and (3); and
|
|(c) by the substitution for the heading of the following
| heading:
|
| "Registration of documents'.
|
|4. Regulation 2 of Chapter 9 is hereby repealed.
|
|5. The amendment of regulation 3 of Chapter 9 -
|
|(a) by the substitution for the words preceding paragraph (a) of
| the following words
|
| "The officer in charge of a deeds registry shall, unless
| inconsistent with the provisions of the Deeds Registries
| Act, 1937 (Act No. 47 of 1937), subject to the provisions
| of these regulations-";
|
|(b) by the substitution for paragraph (m) of the following
| paragraph :
|
| "(m) keep such registers and make such entries therein as
| may be prescribed by the Director-General and as are
| necessary for the purpose of carrying out the provisions of
| these regulations and of maintaining an efficient system of
| registration calculated to afford security of title and
| ready reference to any registered deed;'; and
|
|(c) by the substitution for paragraph (n) of the following
| paragraph:
|
| "(n) generally discharge such duties as the Director-
| General may from time to time impose and as are necessary
| to give effect to the provisions of these regulations.'.
|
|6. The amendment of regulation 4 of Chapter 9 by the
|substitution for subparagraph (ii) of paragraph (b) of
|subregulation (1) of the following subparagraph:
|
| "(ii) if any such person refuses to consent thereto the
|rectification may be made on the authority of the
|Director-General an order of a provincial or local division
|of the Supreme Court of South Africa;".
|
|7. The following regulation is hereby substituted for regulation
|5 of Chapter 9 :
|
| "5. An officer in charge of a deeds registry may on payment of
|such fees as may be prescribed by the Director-General from
|time to time in terms of the Deeds Registries Act, 1 937
|(Act No. 47 of 1937), permit any member of the public to
|inspect the public registers and other public records in his
|or her registry 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 such registry as such officer may be prepared to
|furnish.".
|
|8. The amendment of Regulation 6 of Chapter 9 -
|
|(a) by the substitution for subregulation (1) of the following
| subregulation
|
| "(1) Save as is otherwise provided in these regulations-
|
| (a) the ownership of land referred to in a deed of grant
| may be conveyed from one person to another only by means
| of an endorsement on such deed of grant, made by the officer
| in charge of a deeds registry in the manner prescribed by
| the Director-General on production of the application
| (Schedule G) and declaration (Schedule H), on such officer
| being satisfied that the provisions of these regulations and
| of any other law which may be applicable, have been complied
| with;
|
| (b) any other real right in such land may be conveyed from
| one person to another by means of a notarial deed of cession
| registered by the officer in charge of the deeds registry
| in the manner prescribed by the Director-General.
|
|(b) by the deletion of subregulation (2).
|
|9. The amendment of regulation 7 of Chapter 9 -
|
|(a) by the substitution for the words preceding paragraph (a) of
| subregulation (1) of the following words :
|
| "The officer in charge of a deeds registry shall register
| and keep a record in such registry in the manner
| prescribed by the Director-General of-";
|
|(b) by the substitution for paragraph (f) of subregulation (1)
| of the following paragraph :
|
| "(f) all rights or servitudes over land in a township and
| the cession of any such rights on the authority of the
| Director-General."; and
|
|(c) by the substitution for subregulation (2) of the following
| subregulation :
|
| "(2) On the reversion of an ownership unit still held
| under a deed of grant to the Trust for whatever
| reason, the officer in charge of the deeds registry
| concerned shall endorse the deed of grant thereof or
| attach thereto an endorsement to that effect and whenever
| such ownership unit is re-allotted, the said officer
| shall, on payment to the Trust by the new grantee of the
| fee prescribed in regulation 10 of this chapter, endorse
| the deed of grant of such unit with regard to such re-
| allotment, or attach thereto an endorsement, in the form
| prescribed by the Director-General.".
|
|10. The amendment of regulation 9 of Chapter 9 -
|
|(a) by the substitution for subregulation (1) of the following
| subregulation :
|
| "(1) If the owner (in this regulation referred to as the
| transferor) of land which is hypothecated under a registered
| mortgage bond transfers to another person with the
| approval of the Director-General, the whole of the land
| hypothecated thereunder and has not reserved any real right
| in such land, the officer in charge of the deeds registry
| may register the transfer and substitute the transferee for
| the transferor as debtor in respect of the bond : Provided
| that there is produced to him or her, in duplicate, the
| written consent in a form substantially the same as Schedule
| Q to these regulations, of the holder of the bond and the
| transferee to the substitution of the transferee for the
| transferor as the debtor in respect of the bond.'; and
|
|(b) by the deletion of paragraph (c) of subregulation (4).
|
|11. The following regulation is hereby substituted for
|regulation 10 of Chapter 9 :
|
| "10. Save as is otherwise provided in these
| regulations, notwithstanding anything in any other law
| contained no transfer duty and no fee prescribed in
| the Deeds Registries Act, 1937 (Act No. 47 of 1937), shall
| be payable under these regulations until a date fixed by
| the Minister by notice in the Gazette but a fee of two
| rand (R2) shall be payable to the Trust in respect of every
| transfer of an ownership unit or for every registration
| required to be made at a deeds office under these
| regulations or for every substitution of a debtor in respect
| of a bond.".
|
|12. The amendment of regulation 12 of Chapter 9 by the
|substitution for subregulation (1) of the following
|subregulation:
|
| "(1) If rectification of title is required in respect of
| any ownership unit in consequence of a survey or resurvey of
| such land or of the correction of any error in the general
| plan or diagram thereof, the officer in charge of the deeds
| registry concerned may, on written application by the owner
| of the land accompanied by the deed of grant and the new or
| the corrected general plan or diagram thereof, any bond
| thereon and any registered deed of lease or other registered
| deed whereby any real right therein is held by any other
| person and the written consent of the holder of such bond,
| lease or right, endorse on the relevant deed of grant in
| the form prescribed by the Director-General, a
| description of the land according to the new or corrected
| general plan or diagram, which description shall supersede
| the description already appearing on the deed of grant,
| bond, lease or right.".
|
|13. The amendment of regulation 13 of Chapter 9 -
|
|(a) by the substitution for the words preceding paragraph (a) in
| subregulation (1) of the following words:
|
| "(1) The officer in charge of a deeds registry, may at the
| request of the owner or legal holder or widow, heir or
| legal representative in the estate of a deceased owner or
| legal holder his or her lawful representative on a
| form substantially the same as Schedule R to these
| regulations, make a certified or photostatic copy of a deed
| or of a bond or of any other document filed in that registry
| on being satisfied by affidavit-'; and
|
|(b) by the substitution for subregulation (5) of the following
| subregulation :
|
| "(5) A fee of two rand (R2) prescribed in terms of
| the Deeds Registries Act, 1937 (Act No. 47 of 1937),
| shall be payable [to the Trust] in respect of every copy of
| a deed, bond or other document issued by the officer in
| charge of a deeds registry under this regulation.".
2.(b) The |
Ciskei Township|
Proclamation, |
No. 293 of 1962|
|1. The amendment of regulation 3 of Chapter 1 -
|
|(a) by the deletion of paragraph (a) of subregulation (2);
| and
|
|(b) by the insertion of the following subregulation after
| subregulation (2) :
|
| "(2A) Save as is otherwise provided in these regulations
| or the context otherwise indicates, the provisions of the
| Deeds Registries Act, 1937 (Act No. 47 of 1937), shall, in
| so far as such provisions can be so applied. apply mutatis
| mutandis in relation to all documents registered or filed or
| intended to be registered or filed in a deeds registry under
| these regulations.".
|
|2. The amendment of regulation 3 of Chapter 9 -
|
|(a) by the substitution for the words preceding paragraph (a) of
| the following words :
|
| "The officer in charge of a deeds registry shall, unless
| inconsistent with the provisions of the Deeds Registries
| Act, 1937 (Act No. 47 of 1937), subject to the provisions
| of these regulations
|
|(b) by the substitution for paragraph (m) of the following
| paragraph :
|
| "(m) keep such registers and make such entries therein as
| may be prescribed by the Director-General : Department of
| Justice and as are necessary for the purpose of carrying
| out the provisions of these regulations and of maintaining
| an efficient system of registration calculated to afford
| security of title and ready reference to any registered
| deed;";and
|
|(c) by the substitution for paragraph (n) of the following
| paragraph:
|
|
| "(n) generally discharge such duties as the Director-
| General: Department of Justice may from time to time impose
| and as are necessary to give effect to the provisions of
| these regulations.'.
|
|3. The amendment of regulation 4 of Chapter 9 by the
|substitution for subparagraph (ii) of paragraph (b) of
|subregulation (1) of the following subparagraph:
|
| "(ii) if any such person refuses to consent thereto the
| rectification may be made on the authority of the
| Minister an order of a provincial or local division of
| the Supreme Court of South Africa;".
|
|4. The following regulation is hereby substituted for regulation
|5 of Chapter 9 :
|
| "5. An officer in charge of a deeds registry may on
| payment of such fees as may be prescribed by the
| Director-General : Department of Justice from time to
| time in terms of the Deeds Registries Act, 1937 (Act No.
| 47 of 1937), permit any member of the public to inspect
| the public registers and other public records in his or
| her registry and to make copies of these those
| records or extracts from those registers and to obtain such
| other information concerning deeds or other documents
| registered or filed in such registry as such officer may
| be prepared to furnish.".
|
|5. The amendment of Regulation 6 of Chapter 9:
|
|(a) by the substitution for subregulation (1) of the following
| subregulation :
|
| "(1) Save as is otherwise provided in these regulations-
|
| (a) the ownership of land referred to in a deed of grant
| may be conveyed from one person to another only by means
| of an endorsement on such deed of grant, made by the officer
| in charge of a deeds registry in the manner prescribed by
| the Director-General : Department of Justice on
| production of the application (Schedule G) and declaration
| (Schedule H), on such officer being satisfied that the
| provisions of these regulations and of any other law which
| may be applicable, have been complied with;
|
| (b) any other real right in such land may be conveyed from
| one person to another by means of a notarial deed of
| cession registered by the officer in charge of the deeds
| registry in the manner prescribed by the Director-General
| : Department of Justice."; and
|
|(b) by the deletion of subregulation (2).
|
|6. The amendment of regulation 7 of Chapter 9 -
|
|(a) by the substitution for the words preceding paragraph (a) of
| subregulation (1) of the following words :
|
| "The officer in charge of a deeds registry shall register
| and keep a record in such registry in the manner
| prescribed by the Director-General : Department of
| Justice of -";
|
|(b) by the substitution for paragraph (f) of subregulation (1)
| of the following paragraph :
|
| "(f) all rights or servitudes over land in a township and
| the cession of any such rights on the authority of the
| Director-General."; and
|
|(c) by the substitution for subregulation (2) of the following
| subregulation
|
| "(2) On the reversion of an ownership unit still held
| under a deed of grant to the Trust for whatever
| reason, the officer in charge of the deeds registry
| concerned shall endorse the deed of grant thereof or
| attach thereto an endorsement to that effect and whenever
| such ownership unit is re-allotted, the said officer
| shall, on payment to the Trust by the new grantee of the
| fee prescribed in regulation 10 of this chapter, endorse
| the deed of grant of such unit with regard to such re-
| allotment, or attach thereto an endorsement, in the form
| prescribed by the Director-General.".
|
|7. The amendment of regulation 9 of Chapter 9 -
|
|(a) by the substitution for subregulation (1) of the following
| subregulation
|
| "(1) If the owner (in this regulation referred to as the
| transferor) of land which is hypothecated under a registered
| mortgage bond transfers to another person with the
| approval of the Director-General, the whole of the land
| hypothecated thereunder and has not reserved any real right
| in such land, the officer in charge of the deeds registry
| may register the transfer and substitute the transferee for
| the transferor as debtor in respect of the bond : Provided
| that there is produced to him or her, in duplicate, the
| written consent in a form substantially the same as Schedule
| Q to these regulations, of the holder of the bond and the
| transferee to the substitution of the transferee for the
| transferor as the debtor in respect of the bond."; and
|
|(b) by the deletion of paragraph (c) of subregulation (4).
|
|8. The following regulation is hereby substituted for regulation
|10 of Chapter 9 :
|
| "10. Save as is otherwise provided in these
| regulations, notwithstanding anything in any other law
| contained, no transfer duty and no fee prescribed in the
| Deeds Registries Act, 1937 (Act No. 47 of 1937), shall be
| payable under these regulations until a date fixed by the
| Minister by notice in the Gazette but a fee of two rand
| (R2) shall be payable to the State in respect of every
| transfer of an ownership unit or for every registration
| required to be made at a deeds office under these
| regulations or for every substitution of a debtor in respect
| of a bond.".
|
|9. The amendment of regulation 12 of Chapter 9 by the
|substitution for subregulation (1) of the following
|subregulation :
|
| "(1) If rectification of title is required in respect of
| any ownership unit in consequence of a survey or resurvey of
| such land or of the correction of any error in the general
| plan or diagram thereof, the officer in charge of the deeds
| registry concerned may, on written application by the owner
| of the land accompanied by the deed of grant and the new or
| the corrected general plan or diagram thereof, any bond
| thereon and any registered deed of lease or other registered
| deed whereby any real right therein is held by any other
| person and the written consent of the holder of such bond,
| lease or right, endorse on the relevant deeds of
| grant in the form prescribed by the Director-General :
| Department of Justice, a description of the land according
| to the new or corrected general plan or diagram, which
| description shall supersede the description already
| appearing on the deed of grant, bond, lease or right.'.
|
|10. The amendment of regulation 13 of Chapter 9 -
|
|(a) by the substitution for the words preceding paragraph (a) in
| subregulation (1) of the following words :
|
| "(1) The officer in charge of a deeds registry, may at the
| request of the owner or legal holder or widow, heir or
| legal representative in the estate of a deceased owner or
| legal holder his or her lawful representative on a
| form substantially the same as Schedule R to these
| regulations, make a certified or photostatic copy of a deed
| or of a bond or of any other document filed in that registry
| on being satisfied by affidavit-'; and
|
|(b) by the substitution for subregulation (5) of the following
| subregulation :
|
| "(5) A fee of two rand (R2) prescribed in terms of
| the Deeds Registries Act, 1937 (Act No. 47 of 1937),
| shall be payable to the Trust in respect of every copy
| of a deed, bond or other document issued by the officer in
| charge of a deeds registry under this regulation.".
|
2. (c) The |
Regulations for|
the |
Administration |
and Control of |
Townships in |
Black Areas, |
Proclamation |
No. R. 293 of |
1962 of the |
former Republic|
of Transkei |
|
|1. The amendment of regulation 1 of Chapter 1 -
|
|(a) by the substitution for the definition of "deeds
| registry" of the following definition:
|
| "deeds registry' means, a deeds registry contemplated in
| regulation 1 of Chapter 9 section 102 of the Deeds
| Registries Act, 1937 (Act No. 47 of 1937;"; and
|
|(b) by the insertion of the following definition after the
| definition of "occupier":
|
| " 'officer in charge of a deeds registry' means the
| registrar referred to in section 102 of the Deeds Registries
| Act, 1937 (Act No. 47 of 1937):".
|
|2. The amendment of regulation 3 of Chapter 1 -
|
|(a) by the substitution for subregulation (2) of the following
| subregulation :
|
| "(2) Notwithstanding the provisions of subregulation (1),
| the provisions of the Land Survey Act, 1927 (Act No. 9 of
| 1927), shall not apply to the survey of land granted under
| these regulations and the provisions of the Deeds
| Registries Act, 1937 (Act No. 47 of 1937), shall not apply
| to the registration of any deeds in respect of any such
| land"; and
|
|(b) by the insertion of the following subregulation after
| subregulation (2) :
|
| "(2A) Notwithstanding the provisions of subregulation (1),
| save as is otherwise provided in these regulations or the
| context otherwise indicates, the provisions of the Deeds
| Registries Act, 1937 (Act No. 47 of 1937), shall, in so far
| as such provisions can be so applied, apply mutatis mutandis
| in relation to all documents registered or filed or intended
| to be registered or filed in a deeds registry in terms of
| these regulations.".
|
|3. The amendment of regulation 1 of Chapter 9 -
|
|(a) by the substitution for subregulation (1) of the following
| paragraph :
|
| "(1) There is hereby established in the office of every
| Chief Commissioner a deeds registry in which shall be
| registered All documents relating to immovable property in
| any township in the area of jurisdiction of such Chief
| Commissioner referred to in these regulations shall be
| registered in a deeds registry.";
|
|(b) by the deletion of subregulations (2) and (3); and
|
|(c) by the substitution for the heading of the following
| heading:
|
| "Registration of documents'.
|
|4. Regulation 2 of Chapter 9 is hereby repealed.
|
|5. The amendment of regulation 3 of Chapter 9 -
|
|(a) by the substitution for the words preceding paragraph (a) of
| the following words :
|
| "The officer in charge of a deeds registry shall, unless
| inconsistent with the provisions of the Deeds Registries
| Act, 1937 (Act No. 47 of 1937), subject to the provisions
| of these regulations -";
|
|(b) by the substitution for paragraph (m) of the following
| paragraph :
|
| "(m) keep such registers and make such entries therein as
| may be prescribed by the Director-General and as are
| necessary for the purpose of carrying out the provisions of
| these regulations and of maintaining an efficient system of
| registration calculated to afford security of title and
| ready reference to any registered deed;'; and
|
|(c) by the substitution for paragraph (n) of the following
| paragraph :
|
| "(n) generally discharge such duties as the
| Director-General may from time to time impose and as are
| necessary to give effect to the provisions of these
| regulations.".
|
|6. The amendment of regulation 4 of Chapter 9 by the
|substitution for subparagraph (ii) of paragraph (b) of
|subregulation (1) of the following subparagraph:
|
| "(ii) if any such person refuses to consent thereto the
| rectification may be made on the authority of the
| Director-General an order of a provincial or local
| division of the Supreme Court of South Africa;".
|
|7. The following regulation is hereby substituted for regulation
|5 of Chapter 9 :
|
| "5. An officer in charge of a deeds registry may on
| payment of such fees as may be prescribed by the Director-
| General from time to time in terms of the Deeds
| Registries Act, 1937 (Act No. 47 of 1937), permit any
| member of the public to inspect the public registers and
| other public records in his or her registry and to make
| copies of these those records or extracts from those
| registers and to obtain such other information concerning
| deeds or other documents registered or filed in such
| registry as such officer may be prepared to furnish.".
|
|8. The amendment of Regulation 6 of Chapter 9 -
|
|(a) by the substitution for subregulation (1) of the following
| subregulation :
|
| "(1) Save as is otherwise provided in these regulations-
|
| (a) the ownership of land referred to in a deed of grant
| may be conveyed from one person to another only by means
| of an endorsement on such deed of grant, made by the officer
| in charge of a deeds registry in the manner prescribed by
| the Director-General on production of the application
| (Schedule G) and declaration (Schedule H), on such officer
| being satisfied that the provisions of these regulations and
| of any other law which may be applicable, have been complied
| with;
|
| (b) any other real right in such land may be conveyed
| from one person to another by means of a notarial deed
| of cession registered by the officer in charge of the deeds
| registry in the manner prescribed by the
| Director-General."; and
|
|(b) by the deletion of subregulation (2).
|
|9. The amendment of regulation 7 of Chapter 9 -
|
|(a) by the substitution for the words preceding paragraph (a) of
| subregulation (1) of the following words
|
| "The officer in charge of a deeds registry shall register
| and keep a record in such registry in the manner
| prescribed by the Director-General of-";
|
|(b) by the substitution for paragraph (f) of subregulation (1)
| of the following paragraph :
|
| "(f) all rights or servitudes over land in a township and
| the cession of any such rights on the authority of the
| Director-General."; and
|
|(c) by the substitution for subregulation (2) of the following
| subregulation :
|
| "(2) On the reversion of an ownership unit still held
| under a deed of grant to the Trust grantor for
| whatever reason, the officer in charge of the deeds registry
| concerned shall endorse the deed of grant thereof or
| attach thereto an endorsement to that effect and whenever
| such ownership unit is reallotted, the said officer
| shall, on payment to the Trust by the new grantee of the
| fee prescribed in regulation 10 of this chapter, endorse
| the deed of grant of such unit with regard to such
| re-allotment, or attach thereto an endorsement, in the
| form prescribed by the Director-General.".
|
|10. The amendment of regulation 9 of Chapter 9-
|
|(a) by the substitution for subregulation (1) of the following
| subregulation :
|
| "(1) If the owner (in this regulation referred to as the
| transferor) of land which is hypothecated under a registered
| mortgage bond transfers to another person with the
| approval of the Director-General, the whole of the land
| hypothecated thereunder and has not reserved any real right
| in such land, the officer in charge of the deeds registry
| may register the transfer and substitute the transferee for
| the transferor as debtor in respect of the bond : Provided
| that there is produced to him or her, in duplicate, the
| written consent in a form substantially the same as Schedule
| Q to these regulations, of the holder of the bond and the
| transferee to the substitution of the transferee for the
| transferor as the debtor in respect of the bond."; and
|
|(b) by the deletion of paragraph (c) of subregulation (4).
|
|11. The following regulation is hereby substituted for
|regulation 10 of Chapter 9 :
|
| "10. Save as is otherwise provided in these
| regulations, notwithstanding anything in any other law
| contained, no transfer duty and no fee prescribed in the
| Deeds Registries Act, 1937 (Act No. 47 of 1937), shall be
| payable under these regulations untill a date fixed by the
| Minister by notice in the Gazette but a fee of two rand
| (R2) shall be payable to the Trust in respect of every
| transfer of an ownership unit or for every registration
| required to be made at a deeds office under these
| regulations or for every substitution of a debtor in respect
| of a bond.".
|
|12. The amendment of regulation 12 of Chapter 9 by the
|substitution for subregulation (1) of the following
|subregulation :
|
| "(1) If rectification of title is required in respect of
| any ownership unit in consequence of a survey or resurvey of
| such land or of the correction of any error in the general
| plan or diagram thereof, the officer in charge of the deeds
| registry concerned may, on written application by the owner
| of the land accompanied by the deed of grant and the new or
| the corrected general plan or diagram thereof, any bond
| thereon and any registered deed of lease or other registered
| deed whereby any real right therein is held by any other
| person and the written consent of the holder of such bond,
| lease or right, endorse on the relevant deeds of
| grant in the form prescribed by the Director-General, a
| description of the land according to the new or corrected
| general plan or diagram, which description shall supersede
| the description already appearing on the deed of grant,
| bond, lease or right.".
|
|13. The amendment of regulation 13 of Chapter 9 -
|
|(a) by the substitution for the words preceding paragraph (a) in
| subregulation (1) of the following words :
|
| "(1) The officer in charge of a deeds registry, may at the
| request of the owner or legal holder or widow, heir or
| legal representative in the estate of a deceased owner or
| legal holder his or her lawfull representative on a
| form substantially the same as Schedule R to these
| regulations, make a certified or photostatic copy of a deed
| or of a bond or of any other document filed in that registry
| on being satisfied by affidavit-"; and
|
|(b) by the substitution for subregulation (5) of the
| following subregulation :
|
| "(5) A fee of two rand (R2) prescribed in terms of
| the Deeds Registries Act, 1937 (Act No. 47 of 1937),
| shall be payable [to the Trust] in respect of every copy of
| a deed, bond or other document issued by the officer in
| charge of a deeds registry under this regulation.".
2. (d) The |
Regulations for|
the |
Administration |
and Control of |
Townships in |
Black Areas, |
Proclamation |
No. R. 293 of |
1962 of the |
former Republic|
of Venda |
|1. The amendment of regulation 1 of Chapter 1 by the
|substitution for the definition of 'deeds registry" of the
|following definition:
|
| "deeds registry' means a deeds registry contemplated in
| regulation 1 of Chapter 9 section 102 of the Deeds
| Registries Act, 1937 (Act No. 47 of 1937);".
|
|2. The following regulation is hereby substituted for regulation
|10 of .Chapter 9 :
|
| "10. Save as is otherwise provided in these
| regulations, notwithstanding anything in any other law
| contained, no transfer duty and no fee prescribed in the
| Deeds Registries Act, 1937 (Act No. 47 of 1937) shall be
| payable under these regulations until a date fixed by the
| Minister by notice in the Gazette.".
|
2. (e) The |
Regulations for|
the |
Administration |
and Control of |
Townships in |
Black Areas, |
Proclamation |
No. R. 293 of |
1962 of the |
former |
self-governing |
territory of |
Gazankulu |
|1. The amendment of regulation 1 of Chapter 1 -
|
|(a) by the substitution for the definition of 'deeds registry'
|of the following definition:
|
| " 'deeds registry' means , in respect of the registration
| of a deed of grant and a right of leasehold, a deeds
| registry referred to in regulation 1 of Chapter 9 of these
| regulations, and in respect of the registration of a deed of
| transfer a deeds registry referred to in section 102 of
| the Deeds Registries Act, 1937 (Act No. 47 of 1937);";
|
|(b) by the insertion of the following definition after the
|definition of 'officer':
|
| " 'officer in charge of a deeds registry' means the
| registrar;"
|
|(c) by the substitution for the definition of 'registrar" of the
|following definition:
|
| " 'registrar' means, in respect of the registration of a
| deed of grant of right of leasehold, the officer
| contemplated in regulation 1(2) of Chapter 9 of these
| regulations a registrar referred to in section 102 of
| the Deeds Registries Act, 1937 (Act No. 47 of 1937);".
|
|2. The amendment of regulation 3 of Chapter 1 -
|
|(a) by the substitution for subregulation (2) of the following
| subregulation :
|
| "(2) Notwithstanding the provisions of subregulation (1),
| the provisions of the and Survey Act, 1927 (Act No. 9 of
| 1927), shall not apply to the survey of land granted under
| these regulations land the provisions of the Deeds
| Registries Act, 1937 (Act No. 47 of 1937), shall not apply
| to the registration of any deeds in respect of any such
| land : Provided that the provisions of the Land Survey
| Act, 1927 (Act No. 9 of 1927), shall apply to the survey of
| land registered by means of a deed of transfer, and that
| the provisions of the Deeds Registries Act, 1937 (Act No.
| 47 of 1937), shall apply to the registration of any deed of
| transfer in respect of any such land."; and
|
|(b) by the insertion of the following subregulation after
| subregulation (2) :
|
| "(2A) Notwithstanding the provisions of subregulation
| (1). save as is otherwise provided in these regulations or
| the context otherwise indicates, the provisions of the Deeds
| Registries Act, 1937 (Act No. 47 of 1937), shall, in so far
| as such provisions can be so applied, apply mutatis mutandis
| in relation to all documents registered or filed or intended
| to be registered or filed in a deeds registry under these
| regulation.".
|
|3. The amendment of regulation 2 of Chapter 2A -
|
|(a) by the substitution for paragraph (b) of subregulation (1)
| of the following paragraph
|
| "(b) Such a registration may be effected on The
| leasehold grantor, on being satisfied that the provisions of
| regulation 1 of this Chapter have been complied with, on
| an application made on a form substantially the same as that
| set out in Schedule V to these regulations, shall issue a
| certificate substantially in the form set out in Schedule W
| to these regulations.";
|
|(b) by the substitution for paragraph (a) of subregulation (2)
| of the following paragraph :
|
| "(a) shall lodge with the officer in charge of the deeds
| registry concerned the application (Schedule V), the
| certificate (Schedule W) and other documents required for
| the registration of such right and the said officer, if
| satisfied that the documents are in order, shall register
| such right, subject to the conditions prescribed in these
| regulations, in favour of the competent person concerned
| question in the relevant register in the deeds office;'; and
|
|(c) by the deletion of paragraph (b) of subregulation (2); and
|
|(d) by the substitution for the words preceding paragraph (a) of
| subregulation (3) of the following words:
|
| "The certificate referred to in subregulation (2)
| (1)(b) shall serve as proof in favour of the registered
| holder thereof -".
|
|4. The amendment of regulation 4 of Chapter 2A by the
|substitution for subregulation (1) of the following
|subregulation :
|
| "(1) A registered right of leasehold in respect of a
| leasehold site may be transferred to another competent
| person or to a mortgagee or to the Trust only by means of
| a deed and by means of an endorsement on the title
| as prescribed in these regulations and subject to any
| existing conditions on production of the application
| (Schedule G) and declaration (Schedule H), on the registrar
| being satisfied that the provisions of these regulations and
| of any other law which may be applicable have been complied
| with.".
|
|5. The amendment of regulation 1 of Chapter 9 -
|
|(a) by the substitution for subregulation (1) of the following
| paragraph :
|
| "(1) There is hereby established in the off ice of every
| Chief Commissioner a deeds registry in which shall be
| registered All documents relating to immovable property in
| any township in the area of jurisdiction of such Chief
| Commissioner referred to in these regulations shall be
| registered in a deeds registry.";
|
|(b) by the deletion of subregulations (2) and (3); and
|
|(c) by the substitution for the heading of the following
| heading:
|
| "Registration of documents".
|
|6. Regulation 2 of Chapter 9 is hereby repealed.
|
|7. The amendment of regulation 3 of Chapter 9 -
|
|(a) by the substitution for the words preceding paragraph (a) of
| the following words :
|
| "The officer in charge of a deeds registry shall, unless
| inconsistent with the provisions of the Deeds Registries
| Act, 1937 (Act No. 47 of 1937), subject to the provisions
| of these regulations -";
|
|(b) by the substitution for paragraph (m) of the following
| paragraph :
|
| "(m) keep such registers and make such entries therein as
| may be prescribed by the Director-General and as are
| necessary for the purpose of carrying out the provisions of
| these regulations and of maintaining an efficient system of
| registration calculated to afford security of title and
| ready reference to any registered deed;"; and
|
|(c) by the substitution for paragraph (n) of the following
| paragraph :
|
| "(n) generally discharge such duties as the
| Director-General may from time to time impose and as are
| necessary to give effect to the provisions of these
| regulations.".
|
|8. The amendment of regulation 4 of Chapter 9 by the
|substitution for subparagraph (ii) of paragraph (b) of
|subregulation (1) of the following subparagraph:
|
| "(ii) -if any such person refuses to consent thereto the
| rectification may be made on the authority of the
| Director-General an order of a provincial or local
| division of the Supreme Court of South Africa;".
|
|9. The following regulation is hereby substituted for
|regulation 5 of Chapter 9 :
|
| "5. An officer in charge of a deeds registry may on
| payment of such fees as may be prescribed by the Director-
| General from time to time in terms of the Deeds
| Registries Act, 1937 (Act No. 47 of 1937), permit any
| member of the public to inspect the public registers and
| other public records in his or her registry and to make
| copies of these those records or extracts from those
| registers and to obtain such other information concerning
| deeds or other documents registered or filed in such
| registry as such officer may be prepared to furnish.".
|
|10. The amendment of Regulation 6 of Chapter 9-
|
|(a) by the substitution for subregulation (1) of the following
| subregulation :
|
| "(1) Save as is otherwise provided in these regulations -
|
| (a) the ownership of land referred to in a deed of grant
| may be conveyed from one person to another only by means
| of an endorsement on such deed of grant, made by the officer
| in charge of a deeds registry in the manner prescribed by
| the Director-General on production of the application
| (Schedule G) and declaration (Schedule H), on such officer
| being satisfied that the provisions of these regulations and
| of any other law which may be applicable, have been complied
| with;
|
| (b) any other real right in such land may be conveyed
| from one person to another by means of a notarial deed
| of cession registered by the officer in charge of the deeds
| registry in the manner prescribed by the Director-Gene-
| ral."; and
|
|(b) by the deletion of subregulation (2).
|
|11. The amendment of regulation 7 of Chapter 9 -
|
|(a) by the substitution for the words preceding paragraph (a) of
| subregulation (1) of the following words :
|
| "The officer in charge of a deeds registry shall register
| and keep a record in such registry in the manner
| prescribed by the Director-General of-";
|
|(b) by the substitution for paragraph (f) of subregulation (1)
| of the following paragraph :
|
| "(f) all rights or servitudes over land in a township and
| the cession of any such rights on the authority of the
| Director-General."; and
|
|(c) by the substitution for subregulation (2) of the following
| subregulation
|
| "(2) On the reversion of an ownership unit still held
| under a deed of grant to the Trust grantor for
| whatever reason, the officer in charge of the deeds registry
| concerned shall endorse the deed of grant thereof or
| attach thereto an endorsement to that effect and whenever
| such ownership unit is re-allotted, the said officer
| shall, on payment to the Trust by the new grantee of the
| fee prescribed in regulation 10 of this chapter, endorse
| the deed of grant of such unit with regard to such
| re-allotment, or attach thereto an endorsement, in the
| form prescribed by the Director-General.".
|
|12. The amendment of regulation 8 of Chapter 9 -
|
|(a) by the substitution for paragraph (a) of subregulation (5)
| of the following paragraph :
|
| "(a) If the officer in charge of the deeds registry is
| satisfied that the documents are in order, he or she
| shall register the mortgage bond by making an entry in the
| relevant register to the effect that the relevant
| certificate property is mortgaged, and he or she
| shall endorse the certificate concerned, the deed of
| grant, or the certificate of right of leasehold and the
| registration duplicates thereof accordingly.";
|
|(b) by the substitution for paragraph (b) of subregulation (5)
| of the following paragraph :
|
| "(b) The relevant certificate, deed of grant, or
| certificate of right of leasehold or and mortgage
| bond shall thereafter be delivered to the mortgagee.";
|
|(c) by the substitution for subparagraph (iii) of paragraph (a)
| of subregulation (6) of the following subparagraph :
|
| "(iii) the relevant certificate, deed of grant or
| certificate of right of leasehold.";
|
|(d) by the substitution for paragraph (b) of subregulation (6)
| of the following paragraph :
|
| "(b) If the officer in charge of the deeds office
| registry is satisfied that the documents are in order,
| he or she shall cancel the registration of the mortgage
| bond and registration duplicate thereof, note the
| cancellation thereof in the relevant register and endorse
| the relevant certificate, deed of grant or certificate
| of right of leasehold and registration duplicate thereof
| accordingly.'; and
|
|(e) by the substitution for paragraph (d) of subregulation (6)
| of the following paragraph :
|
| "(d) The cancelled mortgage bond and certificate
| deed shall thereafter be delivered to the person who
| submitted it.".
|
|13. The amendment of regulation 8A of Chapter 9 -
|
|(a) by the deletion of paragraph (d) of subregulation (1);
|
|(b) by the substitution for subregulation (2) of the following
| subregulation :
|
| "(2) If the officer in charge of the deeds registry is
| satisfied that the documents are in order, he or she
| shall register the cession of the mortgage bond by making an
| entry in the relevant register to the effect that the
| mortgage bond has been ceded and he or she shall endorse
| the relevant certificate, the mortgage bond and the
| registration duplicate accordingly."; and
|
|(c) by the substitution for subregulation (4) of the following
| subregulation :
|
| "(4) The certificate, cession and mortgage bond shall
| thereafter be delivered to the person who submitted the
| documents.'.
|
|14. The amendment of regulation 8B of Chapter 9 -
|
|(a) by the deletion of paragraphs (c) and (d) of subregulation
| (1);
|
|(b) by the substitution for subregulation (2) of the following
| subregulation :
|
| "(2) If the officer in charge of the deeds registry is
| satisfied that the documents are in order, he or she
| shall cancel the cession of the mortgage bond by making an
| entry in the relevant register to the effect that the
| cession has been cancelled, and he or she shall endorse
| the relevant certificate, mortgage bond, cession and
| registration duplicate accordingly.'; and
|
|(c) by the substitution for subregulation (4) of the following
| subregulation :
|
| "(4) The certificate, mortgage bond and cancelled
| consent to the cancellation of the cession shall
| thereafter be delivered to the person who submitted the
| documents.".
|
|15. The amendment of regulation 8D of Chapter 9 -
|
|(a) by the substitution for paragraph (c) of subregulation (1)
| of the following paragraph :
|
| "(c) the relevant certificate deed."; and
|
|(b) by the substitution for subregulation (2) of the following
| subregulation :
|
| "(2) If the officer in charge of the deeds registry is
| satisfied that the documents are in order, he or she
| shall register the renunciation by making an appropriate
| entry in the register and shall. endorse the relevant
| certificate deed, the mortgage bonds and
| registration duplicates thereof accordingly : Provided that
| no such renunciation in favour of a mortgage bond that has
| not yet been registered, shall be registered.'; and
|
|(c) by the substitution for subregulation (4) of the following
| subregulation :
|
| "(4) The mortgage bonds and certificate deed shall
| thereafter be delivered to the holders thereof.".
|
|16. The amendment of regulation 9 of Chapter 9 -
|
|(a) by the substitution for subregulation (1) of the following
| subregulation :
|
| "(1) If the owner (in this regulation referred to as the
| transferor) of land which is hypothecated under a registered
| mortgage bond transfers to another person with the
| approval of the Director-General, the whole of the land
| hypothecated thereunder and has not reserved any real right
| in such land, the officer in charge of the deeds registry
| may register the transfer and substitute the transferee for
| the transferor as debtor in respect of the bond : Provided
| that there is produced to him or her, in duplicate, the
| written consent in a form substantially the same as Schedule
| Q to these regulations, of the holder of the bond and the
| transferee to the substitution of the transferee for the
| transferor as the debtor in respect of the bond.'; and
|
|(b) by the deletion of paragraph (c) of subregulation (4).
|
|17. The following regulation is hereby substituted for
|regulation 10 of Chapter 9 :
|
| "10. Save as is otherwise provided in these
| regulations, notwithstanding anything in any other law
| contained, no transfer duty and no fee prescribed in the
| Deeds Registries Act, 1937 (Act No. 47 of 1937), shall be
| payable under these regulations until a date fixed by the
| Minister by notice in the Gazette but a fee of two rand
| (R2) shall be payable to the Trust in respect of every
| transfer of an ownership unit or for every registration
| required to be made at a deeds office under these
| regulations or for every substitution of a debtor in respect
| of a bond.".
|
|18. The amendment of regulation 12 of Chapter 9 by the
|substitution for subregulation (1) of the following
|subregulation :
|
| "(1) If rectification of title is required in respect of
| any ownership unit in consequence of a survey or resurvey of
| such land or of the correction of any error in the general
| plan or diagram thereof, the officer in charge of the deeds
| registry concerned may, on written application by the owner
| of the land accompanied by the deed of grant and the new or
| the corrected general plan or diagram thereof, any bond
| thereon and any registered deed of lease or other registered
| deed whereby any real right therein is held by any other
| person and the written consent of the holder of such bond,
| lease or right, endorse on the relevant deeds of
| grant in the form prescribed by the Director-General, a
| description of the land according to the new or corrected
| general plan or diagram, which description shall supersede
| the description already appearing on the deed of grant,
| bond, lease or right.'.
|
|19. The amendment of regulation 13 of Chapter 9 -
|
|(a) by the substitution for the words preceding paragraph (a) in
| subregulation (1) of the following words :
|
| "(1) The officer in charge of a deeds registry, may at the
| request of the owner or legal holder or widow, heir or
| legal representative in the estate of a deceased owner or
| legal holder his or her lawful representative on a
| form substantially the same as Schedule R to these
| regulations, make a certified or photostatic copy of a deed
| or of a bond or of any other document filed in that registry
| on being satisfied by affidavit-'; and
|
|(b) by the substitution for subregulation (5) of the following
| subregulation :
|
| "(5) A fee of two rand (R2) prescribed in terms of
| the Deeds Registries Act, 1937 (Act 47 of 1937), shall be
| payable to the Trust in respect of every copy of a deed,
| bond or other document issued by the officer in charge of a
| deeds registry under this regulation.".
|
|20. The following regulation is hereby substituted for
|regulation 14 of chapter 9 :
|
| "Powers in respect of certain property in insolvent and
| certain other estates
|
| 14.(1) Immovable property which has vested in a trustee in
| accordance with the law relating to insolvency and which has
| not in terms of that law been re-vested in the insolvent
| may, whether before or after rehabilitation of the insolvent,
| be transferred only by the trustee, and may not after such
| rehabilitation be transferred, mortgaged or otherwise dealt
| with by the insolvent until it has been transferred to him
| by the trustee : Provided that if after rehabilitation the
| trustee has been discharged or there is no trustee in
| existence, the Master shall, if satisfied that the
| rehabilitated insolvent is entitled to the property, give
| him transfer thereof.
|
|(2) If by virtue of the provisions of the law relating to insol-
|vency an insolvent has been restored to him, any property, such
|property may not be transferred, mortgaged or otherwise dealt
|with be the insolvent until an endorsement that the property
|has been restored of him, has been made by the registrar on the
|title deed of the property.
|
|(3) Nothing in this regulation contained shall be construed as
|modifying any provision of the law relating to insolvency.
|
|(4) The provisions of this regulation shall apply mutatis
|mutandis in respect of -
|
|(a) estates administered and distributed under section 34 of the
| Administration of Estates Act, 1965 (Act No.66 of 1965):
|
|(b) companies which are unable to pay their debts and are
| liquidated and wound up by or under supervision of court
| under the Companies Act, 1973);
|
|(c) 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).".
|
|21. The amendment of regulation 19 of Chapter 9 -
|
|(a) by the substitution for the heading of the following
| heading:
|
| 'Transfer of mortgaged ownership unit'; and
|
|(b) by the substitution for the words preceding paragraph (a) of
| the following words :
|
| "No transfer of a mortgaged certificate ownership
| unit shall be registered by the officer in charge of the
| deeds registry concerned, until the bond has been cancelled
| or the ownership unit has been released from the operation
| of the said bond : Provided that no such cancellation
| shall be necessary if the transfer is made-".
|
|22. The amendment of regulation 21 of Chapter 9 -
|
|(a) by the substitution for the words preceding paragraph (a) of
| the following words :
|
| "In an application for the registration of the any
| transfer of a certificate an ownership unit that is
| an asset in a joint estate, the surviving spouse shall be
| joined in his or her personal capacity with the executor
| of the estate of the deceased spouse, except -";
|
|(b) by the substitution for paragraph (b) of the following
| paragraph :
|
| "(b) where the certificate ownership unit has been
| sold to pay the debts of the joint estate;"; and
|
|(c) by the substitution for paragraph (e) of the following
| paragraph :
|
| "(e) where the surviving spouse has signed the application
| for the registration of the transfer of the certificate
| ownership unit as the executor.".
|
|23. The following regulation is hereby substituted for
|regulation 22 of Chapter 9 :
|
| "22. If a certificate an ownership unit or
| mortgage bond registered in the name of a body of persons is
| acquired by any member of that body of persons in his
| individual capacity, the consent required under these
| regulations for the transfer of such certificate
| ownership unit or cession of the bond shall be
| signed by all the persons comprising that body : Provided
| that, if the body of persons is a company, such consent
| shall be signed by all the directors of that company.'.
|
|24. The following schedule is hereby substituted for Schedule
|W :
|
| "SCHEDULE W
|
| CERTIFICATE OF RIGHT OF LEASEHOLD
|
|It is hereby certified that the right of leasehold for
|
|"residential/business/professional purposes has been granted
|
|to..........................................................
|
|in respect of leasehold site- /ownership unit
- No............
|
|in township.................................................
|
|district....................................................
|
|province....................................................
|
|measuring...................................................
|
|and expires on..............................................
|
|special conditions..........................................
|
| .........................
|
| Leashold grantor
|
| Date.....................
|
|Registered at...................on..........................
|
| .........................
|
| Register of Deeds
|
|Seal of Office
|________________________________________________________________
|
|
- Delete whichever is inapplicable.".
|
2. (f) The |
Regulations for|
the |
Administration |
and Control of |
Townships in |
Black Areas, |
Proclamation |
No. R. 293 of |
1962 of the |
former |
self-governing |
territory of |
KaNgwane; |
|
|1 . The amendment of regulation 1 of Chapter 1 -
|
|(a) by the substitution for the definition of 'deeds registry"
| of the following definition 'deeds registry' means , in
| respect of the registration of a deed of grant and a right
| of leasehold, a deeds registry referred to in regulation I
| of Chapter 9 of these regulations, and in respect of the
| registration of a deed of transfer a deeds registry
| referred to in section 102 of the Deeds Registries Act, 1937
| (Act No. 47 of 1937);";
|
|(b) by the insertion of the following definition after the
| definition of 'officer':
|
| " 'officer in charge of a deeds registry' means the
| registrar;"
|
|(c) by the substitution for the definition of 'registrar' of the
| following definition:
|
| " 'registrar means, in respect of the registration of a
| deed of grant of right of leasehold, the officer
| contemplated in regulation 1(2) of Chapter 9 of these
| regulations a registrar referred to in section 102 of
| the Deeds Registries Act, 1937 (Act No. 47 of 1937);".
|
|2. The amendment of regulation 3 of Chapter 1 -
|
|(a) by the substitution for subregulation (2) of the following
| subregulation :
|
| "(2) Notwithstanding the provisions of subregulation (1),
| the provisions of the Land Survey Act, 1927 (Act No. 9 of
| 1927), shall not apply to the survey of land granted under
| these regulations and the provisions of the Deeds
| Registries Act, 1937 (Act No. 47 of 1937), shall not apply
| to the registration of any deeds in respect of any such
| land : Provided that the provisions of the Land Survey
| Act, 1927 (Act No. 9 of 1927), shall apply to the survey of
| land registered by means of a deed of transfer, and that
| the provisions of the Deeds Registries Act, 1937 (Act No.
| 47 of 1937), shall apply to the registration of any deed of
| transfer in respect of any such land."; and
|
|(b) by the insertion of the following subregulation after
| subregulation (2) :
|
| "(2A) Notwithstanding the provisions of subregulation
| (1), save as is otherwise provided in these regulations or
| the context otherwise indicates, the provisions of the Deeds
| Registries Act. 1937 (Act No. 47 of 1937), shall, in so
| far as such provisions can be so applied, apply mutatis
| mutandis in relation to all documents registered or filed or
| intended to be registered or filed in a deeds registry under
| these regulations.".
|
|3. The amendment of regulation 2 of Chapter 2A -
|
|(a) by the substitution for paragraph (b) of subregulation
| (1) of the following paragraph :
|
| "(b) Such a registration may be effected on The
| leasehold grantor, on being satisfied that the provisions of
| regulation 1 of this Chapter have been complied with, on
| an application made on a form substantially the same as that
| set out in Schedule V to these regulations, shall issue a
| certificate substantially in the form set out in Schedule W
| to these regulations.";
|
|(b) by the substitution for paragraph (a) of subregulation (2)
| of the following paragraph :
|
| "(a) shall lodge with the officer in charge of the deeds
| registry concerned the application (Schedule V), the
| certificate (Schedule W) and other documents required for
| the registration of such right and the said officer, if
| satisfied that the documents are in order, shall register
| such right, subject to the conditions prescribed in these
| regulations, in favour of the competent person concerned
| against the entry relating to the ownership unit or land in
| question in the relevant register in the deeds office;';
| and
|
|(c) by the deletion of paragraph (b) of subregulation (2); and
|
|(d) by the substitution for the words preceding paragraph (a) of
| subregulation (3) of the following words :
|
|"The certificate referred to in subregulation (2) (1)(b)
|shall serve as proof in favour of the registered holder thereof
|-".
|
|4. The amendment of regulation 4 of Chapter 2A by the
|substitution for subregulation (1) of the following
|subregulation :
|
|"(1) A registered right of leasehold in respect of a leasehold
|site may be transferred to another competent person or to
|a mortgagee or to the Trust only by means of a deed and by
|means of an endorsement on the title as prescribed in
|these regulations and subject to any existing conditions on
|production of the application (Schedule G) and declaration
|(Schedule H), on the registrar being satisfied that the
|provisions of these regulations and of any other law which may
|be applicable have been complied with.".
|
|5. The amendment of regulation 1 of Chapter 9 -
|
|(a) by the substitution for subregulation (1) of the following
| paragraph :
|
| "(1) There is hereby established in the office of every
| Chief Commissioner a deeds registry in which shall be
| registered All documents relating to immovable property in
| any township in the area of jurisdiction of such Chief
| Commissioner referred to in these regulations shall be
| registered in a deeds registry.";
|
|(b) by the deletion of subregulations (2) and (3); and
|
|(c) by the substitution for the heading of the following
| heading:$
|
|"Registration of documents".
|
|6. Regulation 2 of Chapter 9 is hereby repealed.
|
|7. The amendment of regulation 3 of Chapter 9 -
|
|(a) by the substitution for the words preceding paragraph (a)
| of the following words :
|
| "The officer in charge of a deeds registry shall, unless
| inconsistent with the provisions of the Deeds Registries
| Act, 1937 (Act No. 47 of 1937), subject to the provisions
| of these regulations -";
|
|(b) by the substitution for paragraph (m) of the following
| paragraph :
|
| "(m) keep such registers and make such entries therein as
| may be prescribed by the Director-General and as are
| necessary for the purpose of carrying out the provisions of
| these regulations and of maintaining an efficient system of
| registration calculated to afford security of title and
| ready reference to any registered deed;'; and
|
|(c) by the substitution for paragraph (n) of the following
| paragraph :
|
| "(n) generally discharge such duties as the
| Director-General may from time to time impose and as are
| necessary to give effect to the provisions of these
| regulations.".
|
|8. The amendment of regulation 4 of Chapter 9 by the
|substitution for subparagraph (ii) of paragraph (b) of
|subregulation (1) of the following subparagraph:
|
| "(ii) if any such person refuses to consent thereto the
| rectification may be made on the authority of the
| Director-General an order of a provincial or local
| division of the Supreme Court of South Africa;".
|
|9. The following regulation is hereby substituted for
|regulation 5 of Chapter 9 :
|
| "5. An officer in charge of a deeds registry may on
| payment of such fees as may be prescribed by the Director-
| General from time to time in terms of the Deeds
| Registries Act, 1937 (Act No. 47 of 1937), permit any
| member of the public to inspect the public registers and
| other public records in his or her registry and to make
| copies of these those records or extracts from those
| registers and to obtain such other information concerning
| deeds or other documents registered or filed in such
| registry as such officer may be prepared to furnish.".
|
|10. The amendment of Regulation 6 of Chapter 9-
|
|(a) by the substitution for subregulation (1) of the following
| subregulation :
|
| "(1) Save as is otherwise provided in these regulations -
|
| (a) the ownership of land referred to in a deed of grant
| may be conveyed from one person to another only by means
| of an endorsement on such deed of grant, made by the officer
| in charge of a deeds registry in the manner prescribed by
| the Director-General on production of the application
| (Schedule G) and declaration (Schedule H), on such officer
| being satisfied that the provisions of these regulations and
| of any other law which may be applicable, have been complied
| with;
|
| (b) any other real right in such land may be conveyed
| from one person to another by means of a notarial deed
| of cession registered by the officer in charge of the deeds
| registry in the manner prescribed by the
| Director-General."; and
|
|(b) by the deletion of subregulation (2).
|
|11. The amendment of regulation 7 of Chapter 9-
|
|(a) by the substitution for the words preceding paragraph (a)
| of subregulation (1) of the following words :
|
| 'The officer in charge of a deeds registry shall register
| and keep a record in such registry in the manner
| prescribed by the Director-General of -";
|
|(b) by the substitution for paragraph (f) of subregulation (1)
| of the following paragraph :
|
| "(f) all rights or servitudes over land in a township and
| the cession of any such rights on the authority of the
| Director-General."; and
|
|(c) by the substitution for subregulation (2) of the following
| subregulation :
|
| "(2) On the reversion of an ownership unit still held
| under a deed of grant to the Trust grantor for
| whatever reason, the officer in charge of the deeds registry
| concerned shall endorse the deed of grant thereof or
| attach thereto an endorsement to that effect and whenever
| such ownership unit is re-allotted, the said officer
| shall, on payment to the Trust by the new grantee of the
| fee prescribed in regulation 10 of this chapter, endorse
| the deed of grant of such unit with regard to such
| re-allotment, or attach thereto an endorsement, in the
| form prescribed by the Director-General.".
|
|12. The amendment of regulation 8 of Chapter 9 -
|
|(a) by the substitution for paragraph (a) of subregulation (5)
| of the following paragraph :
|
| "(a) If the officer in charge of the deeds registry is
| satisfied that the documents are in order, he or she
| shall register the mortgage bond by making an entry in the
| relevant register to the effect that the relevant
| certificate property is mortgaged, and he or she
| shall endorse the certificate concerned, the deed of
| grant, or the certificate of right of leasehold and the
| registration duplicates thereof accordingly.';
|
|(b) by the substitution for paragraph (b) of subregulation (5)
| of the following paragraph :
|
| "(b) The relevant certificate, deed of grant, or
| certificate of right of leasehold or and mortgage
| bond shall thereafter be delivered to the mortgagee.';
|
|(c) by the substitution for subparagraph (iii) of paragraph (a)
| of subregulation (6) of the following subparagraph :
|
| "(iii) the relevant certificate, deed of grant or
| certificate of right of leasehold.";
|
|(d) by the substitution for paragraph (b) of subregulation (6)
| of the following paragraph :
|
| "(b) If the officer in charge of the deeds office
| registry is satisfied that the documents are in order,
| he or she shall cancel the registration of the mortgage
| bond and registration duplicate thereof, note the
| cancellation thereof in the relevant register and endorse
| the relevant certificate, deed of grant or certificate
| of right of leasehold and registration duplicate thereof
| accordingly."; and
|
|(e) by the substitution for paragraph (d) of subregulation (6)
| of the following paragraph :
|
| "(d) The cancelled mortgage bond and certificate
| deed shall thereafter be delivered to the person who
| submitted it.'.
|
|13. The amendment of regulation 8A of Chapter 9 -
|
|(a) by the deletion of paragraph (d) of subregulation (1);
|
|(b) by the substitution for subregulation (2) of the
| following subregulation :
|
| "(2) If the officer in charge of the deeds registry is
| satisfied that the documents are in order, he or she
| shall register the cession of the mortgage bond by making an
| entry in the relevant register to the effect that the
| mortgage bond has been ceded and he or she shall endorse
| the relevant certificate, the mortgage bond and the
| registration duplicate accordingly."; and
|
|(c) by the substitution for subregulation (4) of the following
| subregulation :
|
| "(4) The certificate, cession and mortgage bond shall
| thereafter be delivered to the person who submitted the
| documents.'.
|
|14. The amendment of regulation 8B of Chapter 9 -
|
|(a) by the deletion of paragraphs (c) and (d) of subregulation
| (1);
|
|(b) by the substitution for subregulation (2) of the following
| subregulation :
|
| "(2) If the officer in charge of the deeds registry is
| satisfied that the documents are in order, he or she
| shall cancel the cession of the mortgage bond by making an
| entry in the relevant register to the effect that the
| cession has been cancelled, and he or she shall endorse
| the relevant certificate, mortgage bond, cession and
| registration duplicate accordingly."; and
|
|(c) by the substitution for subregulation (4) of the following
| subregulation :
|
| "(4) The certificate, mortgage bond and cancelled
| consent to the cancellation of the cession shall
| thereafter be delivered to the person who submitted the
| documents.".
|
|15. The amendment of regulation 8D of Chapter 9 -
|
|(a) by the substitution for paragraph (c) of subregulation (1)
| of the following paragraph :
|
| "(c) the relevant certificate deed."; and
|
|(b) by the substitution for subregulation (2) of the following
| subregulation :
|
| "(2) If the officer in charge of the deeds registry is
| satisfied that the documents are in order, he or she
| shall register the renunciation by making an appropriate
| entry in the register and shall endorse the relevant
| certificate deed, the mortgage bonds and
| registration duplicates thereof accordingly : Provided that
| no such renunciation in favour of a mortgage bond that has
| not yet been registered, shall be registered."; and
|
|(c) by the substitution for subregulation (4) of the following
| subregulation :
|
| "(4) The mortgage bonds and certificate deed shall
| thereafter be delivered to the holders thereof.".
|
|16. The amendment of regulation 9 of Chapter 9 -
|
|(a) by the substitution for subregulation (1) of the following
| subregulation :
|
| "(1) If the owner (in this regulation referred to as the
| transferor) of land which is hypothecated under a registered
| mortgage bond transfers to another person with the
| approval of the Director-General, the whole of the land
| hypothecated thereunder and has not reserved any real right
| in such land, the officer in charge of the deeds registry
| may register the transfer and substitute the transferee for
| the transferor as debtor in respect of the bond : Provided
| that there is produced to him or her, in duplicate, the
| written consent in a form substantially the same as Schedule
| Q to these regulations, of the holder of the bond and the
| transferee to the substitution of the transferee for the
| transferor as the debtor in respect of the bond."; and
|
|(b) by the deletion of paragraph (c) of subregulation (4).
|
|17. The following regulation is hereby substituted for
|regulation 10 of Chapter 9 :
|
| "10. Save as is otherwise provided in these
| regulations, notwithstanding anything in any other law
| contained, no transfer duty and no fee prescribed in the
| Deeds Registries Act, 1937 (Act No. 47 of 1937), shall be
| payable under these regulations until a date fixed by the
| Minister by notice in the Gazette but a fee of two rand
| (R2) shall be payable to the Trust in respect of every
| transfer of an ownership unit or for every registration
| required to be made at a deeds office under these
| regulations or for every substitution of a debtor in respect
| of a bond.".
|
|18. The amendment of regulation 12 of Chapter 9 by the
|substitution for subregulation (1) of the following
|subregulation
|
| "(1) If rectification of title is required in respect of
| any ownership unit in consequence of a survey or resurvey of
| such land or of the correction of any error in the general
| plan or diagram thereof, the officer in charge of the deeds
| registry concerned may, on written application by the owner
| of the land accompanied by the deed of grant and the new or
| the corrected general plan or diagram thereof, any bond
| thereon and any registered deed of lease or other registered
| deed whereby any real right therein is held by any other
| person and the written consent of the holder of such bond,
| lease or right, endorse on the relevant deeds of
| grant in the form prescribed by the Director-General, a
| description of the land according to the new or corrected
| general plan or diagram, which description shall supersede
| the description already appearing on the deed of grant,
| bond, lease or right.'.
|
|19. The amendment of regulation 13 of Chapter 9 -
|
|(a) by the substitution for the words preceding paragraph (a)
| in subregulation (1) of the following words :
|
| "(1) The officer in charge of a deeds registry, may at the
| request of the owner or legal holder or widow, heir or
| legal representative in the estate of a deceased owner or
| legal holder his or her lawful representative on a
| form substantially the same as Schedule R to these
| regulations, make a certified or photostatic copy of a deed
| or of a bond or of any other document filed in that registry
| on being satisfied by affidavit-'; and
|
|(b) by the substitution for subregulation (5) of the following
| subregulation :
|
| "(5) A fee of two rand (R2) prescribed in terms of
| the Deeds Registries Act, 1937 (Act No. 47 of 1937),
| shall be payable [to the Trust] in respect of every copy of
| a deed, bond or other document issued by the officer in
| charge of a deeds registry under this regulation.'.
|
|20. The following regulation is hereby substituted for
|regulation 14 of chapter 9 :
|
| "Powers in respect of certain property in insolvent and
| certain other estates
|
|14.(1) Immovable property which has vested in a trustee in
|accordance with the law relating to insolvency and which has
|not in terms of that law been re-vested in the insolvent may,
|whether before or after rehabilitation of the insolvent, be
|transferred only by the trustee, and may not after such
|rehabilitation be transferred, mortgaged or otherwise dealt
|with by the insolvent until it has been transferred to him by
|the trustee : Provided that if after rehabilitation the
|trustee has been discharged or there is no trustee in
|existence, the Master shall, if satisfied that the re-
|habilitated insolvent is entitled to the property, give him
|transfer thereof.
|
|(2) If by virtue of the provisions of the law relating to
|insolvency an insolvent has been re-vested with the ownership
|of any property, such property may not be transferred,
|mortgaged or otherwise dealt with by the insolvent until an
|endorsement that the property has been restored to him, has
|been made by the registrar on the title deed of the property.
|
|(3) Nothing in this regulation contained shall be construed as
|modifying any provision of the law relating to insolvency.
|
|(4) The provisions of this regulation shall apply mutatis
|mutandis in respect of -
|
|(a) estates administered and distributed under section 34 of
| the Administration of Estates Act, 1965 (Act No. 66 of
| 1965);
|
|(b) companies which are unable to pay their debts and are
| liquidated and wound up by or under supervision of the court
| under the Companies Act, 1973):
|
|(c) 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).".
|
|21. The amendment of regulation 19 of Chapter 9 -
|
|(a) by the substitution for the heading of the following
| heading:
|
| 'Transfer of mortgaged ownership unit'; and
|
|(b) by the substitution for the words preceding paragraph (a)
| of the following words:
|
| "No transfer of a mortgaged certificate ownership
| unit shall be registered by the officer in charge of the
| deeds registry concerned, until the bond has been cancelled
| or the ownership unit has been released from the operation
| of the said bond : Provided that no such cancellation
| shall be necessary if the transfer is made -".
|
|22. The amendment of regulation 21 of Chapter 9 -
|
|(a) by the substitution for the words preceding paragraph (a)
| of the following words
|
| "In an application for the registration of the any
| transfer of a certificate an ownership unit that is
| an asset in a joint estate, the surviving spouse shall be
| joined in his or her personal capacity with the executor
| of the estate of the deceased spouse, except -";
|
|(b) by the substitution for paragraph (b) of the following
| paragraph :
|
| "(b) where the certificate ownership unit has been
| sold to pay the debts of the joint estate;"; and
|
|(c) by the substitution for paragraph (e) of the following
| paragraph :
|
| "(e) where the surviving spouse has signed the application
| for the registration of the transfer of the certificate
| ownership unit as the executor.'.
|
|23. The following regulation is hereby substituted for
|regulation 22 of Chapter 9
|
| "22. If a certificate an ownership unit or
| mortgage bond registered in the name of a body of persons is
| acquired by any member of that body of persons in his
| individual capacity, the consent required under these
| regulations for the transfer of such certificate
| ownership unit or cession of the bond shall be
| signed by all the persons comprising that body : Provided
| that, if the body of persons is a company, such consent
| shall be signed by all the directors of that company.".
|
|24. The following schedule is hereby substituted for Schedule
|W:
|
| "SCHEDULE W
|
| CERTIFICATE OF RIGHT OF LEASEHOLD
|
|It is hereby certified that the right of leasehold for
|
|"residential/business/professional purposes has been granted
|
|to..........................................................
|
|in respect of leasehold site
- /ownership unit
- No............
|
|in township.................................................
|
|district....................................................
|
|province....................................................
|
|measuring...................................................
|
|and expires on..............................................
|
|special conditions..........................................
|
| .........................
|
| Leashold grantor
|
| Date.....................
|
|Registered at...................on..........................
|
| .........................
|
| Register of Deeds
|
|Seal of Office
|________________________________________________________________
|
|
- Delete whichever is inapplicable.".
|
|
2. (g) The |
Regulations |
for the |
Administration |
and Control of |
Towns, Procla- |
mation No. R. |
293 of 1962 of |
the former |
self-governing |
territory of |
KwaNdebele; " |
|1. The amendment of regulation 1 of Chapter 1 -
|
|(a) by the substitution for the definition of 'deeds
| registry" of the following definition 'deeds registry' means
| , in respect of the registration of a deed of grant and a
| right of leasehold, a deeds registry referred to in
| regulation 1 of Chapter 9 of these regulations, and in
| respect of the registration of a deed of transfer a deeds
| registry referred to in section 102 of the Deeds Registries
| Act, 1937 (Act No. 47 of 1937);";
|
|(b) by the insertion of the following definition after the
| definition of 'officer":
|
| " 'officer in charge of a deeds registry' means the
| registrar;"
|
|(c) by the substitution for the definition of 'registrar" of
| the following definition:
|
| " 'registrar' means, in respect of the registration of a
| deed of grant of right of leasehold, the officer
| contemplated in regulation 1(2) of Chapter 9 of these
| regulations a registrar referred to in section 102 of
| the Deeds Registries Act, 1937 (Act No. 47 of 1937);".
|
|2. The amendment of regulation 3 of Chapter 1 -
|
|(a) by the substitution for subregulation (2) of the following
| subregulation :
|
| "(2) Notwithstanding the provisions of subregulation (1),
| the provisions of the Land Survey Act, 1927 (Act No. 9 of
| 1927), shall not apply to the survey of land granted under
| these regulations and the provisions of the Deeds
| Registries Act, 1937 (Act No. 47 of 1937), shall not apply
| to the registration of any deeds in respect of any such
| land : Provided that the provisions of the Land Survey
| Act, 1927 (Act No. 9 of 1927), shall apply to the survey of
| land registered by means of a deed of transfer, and that
| the provisions of the Deeds Registries Act, 1937 (Act No.
| 47 of 1937), shall apply to the registration of any deed of
| transfer in respect of any such land."; and
|
|(b) by the insertion of the following subregulation after
| subregulation (2) :
|
| "(2A) Notwithstanding the provisions of subregulation
| (1), save as is otherwise provided in these regulations or
| the context otherwise indicates, the provisions of the Deeds
| Registries Act, 1937 (Act No. 47 of 1937), shall, in so far
| as such provisions can be so applied, apply mutatis mutandis
| in relation to all documents registered or filed or intended
| to be registered or filed in a deeds registry under these
| regulations.".
|
|3. The amendment of regulation 2 of Chapter 2A-
|
|(a) by the substitution for paragraph (b) of subregulation (1)
| of the following paragraph :
|
| "(b) Such a registration may be effected on The
| leasehold grantor, on being satisfied that the provisions of
| regulation 1 of this Chapter have been complied with, on
| an application made on a form substantially the same as that
| set out in Schedule V to these regulations, shall issue a
| certificate substantially in the form set out in Schedule W
| to these regulations.";
|
|(b) by the substitution for paragraph (a) of subregulation (2)
| of the following paragraph :
|
| "(a) shall lodge with the officer in charge of the deeds
| registry concerned the application (Schedule V), the
| certificate (Schedule W) and other documents required for
| the registration of such right and the said officer, if
| satisfied that the documents are in order, shall register
| such right, subject to the conditions prescribed in these
| regulations, in favour of the competent person concerned
| against the entry relating to the ownership unit or land in
| question in the relevant register in the deeds office;'; and
|
|(c) by the deletion of paragraph (b) of subregulation (2); and
|
|(d) by the substitution for the words preceding paragraph (a)
| of subregulation (3) of the following words :
|
| 'The certificate referred to in subregulation (2)
| (1)(b) shall serve as proof in favour of the registered
| holder thereof -".
|
|4. The amendment of regulation 4 of Chapter 2A by the
|substitution for subregulation (1) of the following
|subregulation :
|
| "(1) A registered right of leasehold in respect of a
| leasehold site may be transferred to another competent
| person or to a mortgagee or to the Trust only by means of
| a deed and by means of an endorsement on the title
| as prescribed in these regulations and subject to any
| existing conditions on production of the application
| (Schedule G) and declaration (Schedule H), on the registrar
| being satisfied that the provisions of these regulations and
| of any other law which may be applicable have been complied
| with.".
|
|5. The amendment of regulation 1 of Chapter 9 -
|
|(a) by the substitution for subregulation (1) of the following
| paragraph :
|
|"(1) There is hereby established in the office of every Chief
|Commissioner a deeds registry in which shall be registered
|All documents relating to immovable property in any town in
|the area of jurisdiction of such Chief Commissioner
|referred to in these regulations shall be registered in a
|deeds registry.";
|
|(b) by the deletion of subregulations (2) and (3); and
|
|(c) by the substitution for the heading of the following
| heading:
|
| "Registration of documents".
|
|6. Regulation 2 of Chapter 9 is hereby repealed.
|
|7. The amendment of regulation 3 of Chapter 9 -
|
|(a) by the substitution for the words preceding paragraph (a)
| of the following words :
|
| "The officer in charge of a deeds registry shall, unless
| inconsistent with the provisions of the Deeds Registries
| Act, 1937 (Act No. 47 of 1937)., subject to the
| provisions of these regulations
|
|(b) by the substitution for paragraph (m) of the following
| paragraph :
|
| "(m) keep such registers and make such entries therein as
| may be prescribed by the Director-General and as are
| necessary for the purpose of carrying out the provisions of
| these regulations and of maintaining an efficient system of
| registration calculated to afford security of title and
| ready reference to any registered deed;"; and
|
|(c) by the substitution for paragraph (n) of the following
| paragraph:
|
| "(n) generally discharge such duties as the
| Director-General may from time to time impose and as are
| necessary to give effect to the provisions of these
| regulations.'.
|
|8. The amendment of regulation 4 of Chapter 9 by the
|substitution for subparagraph CH) of paragraph (b) of
|subregulation (1) of the following subparagraph:
|
| "(ii) if any such person refuses to consent thereto the
| rectification may be made on the authority of the
| Director-General an order of a provincial or local
| division of the Supreme Court of South Africa;".
|
|9. The following regulation is hereby substituted for
|regulation 5 of Chapter 9 :
|
| "5. An officer in charge of a deeds registry may on
| payment of such fees as may be prescribed by the Director-
| General from time to time in terms of the Deeds
| Registries Act, 1937 (Act No. 47 of 1937), permit any
| member of the public to inspect the public registers and
| other public records in his or her registry and to make
| copies of these those records or extracts from those
| registers and to obtain such other information concerning
| deeds or other documents registered or filed in such
| registry as such officer may be prepared to furnish.".
|
|10. The amendment of Regulation 6 of Chapter 9-
|
|(a) by the substitution for subregulation (1) of the following
| subregulation :
|
| "(1) Save as is otherwise provided in these regulations -
|
| (a) the ownership of land referred to in a deed of grant
| may be conveyed from one person to another only by means
| of an endorsement on such deed of grant, made by the officer
| in charge of a deeds registry in the manner prescribed by
| the Director-General on production of the application
| (Schedule G) and declaration (Schedule H), on such officer
| being satisfied that the provisions of these regulations
| and of any other law which may be applicable, have been
| complied with;
|
| (b) any other real right in such land may be conveyed
| from one person to another by means of a notarial deed
| of cession registered by the officer in charge of the deeds
| registry in the manner prescribed by the Director-
| General."; and
|
|(b) by the deletion of subregulation (2).
|
|11. The amendment of regulation 7 of Chapter 9 -
|
|(a) by the substitution for the words preceding paragraph (a)
| of subregulation (1) of the following words :
|
| 'The officer in charge of a deeds registry shall register
| and keep a record in such registry in the manner
| prescribed by the Director-General of -";
|
|(b) by the substitution for paragraph (f) of subregulation (1)
| of the following paragraph :
|
| "(f) all rights or servitudes over land in a town and the
cession of any such rights on the authority of the
| Director-General."; and
|
|(c) by the substitution for subregulation (2) of the following
| subregulation :
|
| "(2) On the reversion of an ownership unit still held
| under a deed of grant to the Trust grantor for
| whatever reason, the officer in charge of the deeds
| registry concerned shall endorse the deed of grant thereof
| or attach thereto an endorsement to that effect and
| whenever such ownership unit is re-allotted, the said
| officer shall, on payment to the Trust by the new grantee
| of the fee prescribed in regulation 10 of this chapter,
| endorse the deed of grant of such unit with regard to such
| re-allotment, or attach thereto an endorsement, in the
form prescribed by the Director-General.".
|
|12. The amendment of regulation 8 of Chapter 9 -
|
|(a) by the substitution for paragraph (a) of subregulation (5)
| of the following paragraph :
|
| "(a) If the officer in charge of the deeds registry is
| satisfied that the documents are in order, he or she
| shall register the mortgage bond by making an entry in the
| relevant register to the effect that the relevant
| certificate property is mortgaged, and he or she
| shall endorse the certificate concerned, the deed of
| grant, or the certificate of right of leasehold and the
| registration duplicates thereof accordingly.';
|
|(b) by the substitution for paragraph (b) of subregulation
| (5) of the following paragraph :
|
| "(b) The relevant certificate, deed of grant, or
| certificate of right of leasehold or and mortgage
| bond shall thereafter be delivered to the mortgagee.";
|
|(c) by the substitution for subparagraph (iii) of paragraph (a)
| of subregulation (6) of the following subparagraph :
|
| "(iii) the relevant certificate, deed of grant or
| certificate of right of leasehold.";
|
|(d) by the substitution for paragraph (b) of subregulation (6)
| of the following paragraph :
|
| "(b) If the officer in charge of the deeds office
| registry is satisfied that the documents are in order,
| he or she shall cancel the registration of the mortgage
| bond and registration duplicate thereof, note the
| cancellation thereof in the relevant register and endorse
| the relevant certificate, deed of grant or certificate
| of right of leasehold and registration duplicate thereof
| accordingly.'; and
|
|(e) by the substitution for paragraph (d) of subregulation (6)
| of the following paragraph :
|
| "(d) The cancelled mortgage bond and certificate
| deed shall thereafter be delivered to the person who
| submitted it.".
|
|13. The amendment of regulation 8A of Chapter 9 -
|
|(a) by the deletion of paragraph (d) of subregulation (1);
|
|(b) by the substitution for subregulation (2) of the following
| subregulation :
|
| "(2) If the officer in charge of the deeds registry is
| satisfied that the documents are in order, he or she
| shall register the cession of the mortgage bond by making an
| entry in the relevant register to the effect that the
| mortgage bond has been ceded and he or she shall endorse
| the relevant certificate, the mortgage bond and the
| registration duplicate accordingly."; and
|
|(c) by the substitution for subregulation (4) of the following
| subregulation :
|
| "(4) The certificate, cession and mortgage bond shall
| thereafter be delivered to the person who submitted the
| documents.".
|
|14. The amendment of regulation BB of Chapter 9 -
|
|(a) by the deletion of paragraphs (c) and (d) of subregulation
| (1);
|
|(b) by the substitution for subregulation (2) of the following
| subregulation
|
| "(2) If the officer in charge of the deeds registry is
| satisfied that the documents are in order, he or she
| shall cancel the cession of the mortgage bond by making an
| entry in the relevant register to the effect that the
| cession has been cancelled, and he or she shall endorse
| the relevant certificate, mortgage bond, cession and
| registration duplicate accordingly.'; and
|
|(c) by the substitution for subregulation (4) of the following
| subregulation :
|
| "(4) The certificate, mortgage bond and cancelled
| consent to the cancellation of the cession shall
| thereafter be delivered to the person who submitted the
| documents.".
|
|15. The amendment of regulation 8D of Chapter 9 -
|
|(a) by the substitution for paragraph (c) of subregulation (1)
| of the following paragraph :
|
| "(c) the relevant certificate deed."; and
|
|(b) by the substitution for subregulation (2) of the
| following subregulation :
|
| "(2) If the officer in charge of the deeds registry is
| satisfied that the documents are in order, he or she
| shall register the renunciation by making an appropriate
| entry in the register and shall endorse the relevant
| certificate deed, the mortgage bonds and
| registration duplicates thereof accordingly : Provided that
| no such renunciation in favour of a mortgage bond that has
| not yet been registered, shall be registered."; and
|
|(c) by the substitution for subregulation (4) of the following
| subregulation :
|
| "(4) The mortgage bonds and certificate deed shall
| thereafter be delivered to the holders thereof.'.
|
|16. The amendment of regulation 9 of Chapter 9 -
|
|(a) by the substitution for subregulation (1) of the following
| subregulation :
|
| "(1) If the owner (in this regulation referred to as the
| transferor) of land which is hypothecated under a registered
| mortgage bond transfers to another person with the
| approval of the Director-General, the whole of the land
| hypothecated thereunder and has not reserved any real right
| in such land, the officer in charge of the deeds registry
| may register the transfer and substitute the transferee for
| the transferor as debtor in respect of the bond : Provided
| that there is produced to him or her, in duplicate, the
| written consent in a form substantially the same as
| Schedule Q to these regulations, of the holder of the bond
| and the transferee to the substitution of the transferee for
| the transferor as the debtor in respect of the bond.'; and
|
|(b) by the deletion of paragraph (c) of subregulation (4).
|
|17. The following regulation is hereby substituted for
|regulation 10 of Chapter 9 :
|
| "10. Save as is otherwise provided in these
| regulations, notwithstanding anything in any other law
| contained, no transfer duty and no fee prescribed in the
| Deeds Registries Act, 1937 (Act No. 47 of 1937), shall be
| payable under these regulations until a date fixed by the
| Minister by notice in the Gazette but a fee of two rand
| (R2) shall be payable to the Trust in respect of every
| transfer of an ownership unit or for every registration
| required to be made at a deeds office under these
| regulations or for every substitution of a debtor in respect
| of a bond.".
|
|18. The amendment of regulation 12 of Chapter 9 by the
|substitution for subregulation (1) of the following
|subregulation :
|
| '(1) If rectification of title is required in respect of
| any ownership unit in consequence of a survey or resurvey of
| such land or of the correction of any error in the general
| plan or diagram thereof, the officer in charge of the deeds
| registry concerned may, on written application by the owner
| of the land accompanied by the deed of grant and the new or
| the corrected general plan or diagram thereof, any bond
| thereon and any registered deed of lease or other registered
| deed whereby any real right therein is held by any other
| person and the written consent of the holder of such bond,
| lease or right, endorse on the relevant deeds of
| grant in the form prescribed by the Director-General, a
| description of the land according to the new or corrected
| general plan or diagram, which description shall supersede
| the description already appearing on the deed of grant,
| bond, lease or right.".
|
|19. The amendment of regulation 13 of Chapter 9 -
|
|(a) by the substitution for the words preceding paragraph (a)
| in subregulation (1) of the following words :
|
| '(1) The officer in charge of a deeds registry, may at the
| request of the owner or legal holder or widow, heir or
| legal representative in the estate of a deceased owner or
| legal holder his or her lawful representative on a
| form substantially the same as Schedule R to these
| regulations, make a certified or photostatic copy of a deed
| or of a bond or of any other document filed in that registry
| on being satisfied by affidavit-"; and
|
|(b) by the substitution for subregulation (5) of the following
| subregulation :
|
| "(5) A fee of two rand (R2) prescribed in terms of
| the Deeds Registries Act, 1937 (Act No. 47 of 1937),
| shall be payable to the Trust in respect of every copy
| of a deed, bond or other document issued by the officer in
| charge of a deeds registry under this regulation.'.
|
|20. The following regulation is hereby substituted for
|regulation 14 of chapter 9 :
|
| "Powers in respect of certain property in insolvent and
| certain other estates
|
|14.(1) Immovable property which has vested in a trustee in
|accordance with the law relating to insolvency and which has
|not in terms of that law been re-vested in the insolvent may,
|whether before or after rehabilitation of the insolvent, be
|transferred only by the trustee, and may not after such
|rehabilitation be transferred, mortgaged or otherwise dealt
|with by the insolvent until it has been transferred to him by
|the trustee : Provided that if after rehabilitation the
|trustee has been discharged or there is no trustee in
|existence, the Master shall, if satisfied that the
|rehabilitated insolvent is entitled to the property, give him
|transfer thereof,
|
|(2) If by Virtue of the provisions of the law relating to
|insolvency an insolvent has been re-vested with the ownership
|of any property. such property may not be transferred,
|mortgaged or otherwise dealt with by the insolvent until an
|endorsement that the property has been restored to him, has
|been made by the registrar on the title deed of the property.
|
|(3) Nothing in this regulation contained shall be construed
|as modifying any provision of the law relating to insolvency.
|
|(4) The provisions of this regulation shall apply mutatis
|mutandis in respect of -
|
|(a) estates administered and distributed under section 34 of
| the Administration of Estates Act, 1965 (Act No. 66 of
| 1965);
|
|(b) companies which are unable to pay their debts and are
| liquidated and wound up by or under supervision of the court
| under the Companies Act, 1973):
|
|(c) 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).".
|
|21. The amendment of regulation 19 of Chapter 9 -
|
|(a) by the substitution for the heading of the following
| heading:
|
| "Transfer of mortgaged ownership unit"; and
|
|(b) by the substitution for the words preceding paragraph (a)
| of the following words :
|
| "No transfer of a mortgaged certificate ownership
| unit shall be registered by the officer in charge of the
| deeds registry concerned, until the bond has been cancelled
| or the ownership unit has been released from the operation
| of the said bond: Provided that no such cancellation
| shall be necessary if the transfer is made -".
|
|22. The amendment of regulation 21 of Chapter 9 -
|
|(a) by the substitution for the words preceding paragraph (a)
| of the following words
|
| "In an application for the registration of the any
| transfer of a certificate an ownership unit that is
| an asset in a joint estate, the surviving spouse shall be
| joined in his or her personal capacity with the executor
| of the estate of the deceased spouse, except -";
|
|(b) by the substitution for paragraph (b) of the following
| paragraph :
|
| "(b) where the certificate ownership unit has been
| sold to pay the debts of the joint estate;"; and
|
|(c) by the substitution for paragraph (e) of the following
| paragraph :
|
| "(e) where the surviving spouse has signed the application
| for the registration of the transfer of the certificate
| ownership unit as the executor.'.
|
|23. The following regulation is hereby substituted for
|regulation 22 of Chapter 9 :
|
| "22. If a certificate an ownership unit or
| mortgage bond registered in the name of a body of persons is
| acquired by any member of that body of persons in his
| individual capacity, the consent required under these
| regulations for the transfer of such certificate
| ownership unit or cession of the bond shall be
| signed by all the persons comprising that body : Provided
| that, if the body of persons is a company, such consent
| shall be signed by all the directors of that company.'.
|
|24. The following schedule is hereby substituted for Schedule
|W:
|
| "SCHEDULE W
|
| CERTIFICATE OF RIGHT OF LEASEHOLD
|
|It is hereby certified that the right of leasehold for
|
|"residential/business/professional purposes has been granted
|
|to..........................................................
|
|in respect of leasehold site
- /ownership unit
- No............
|
|in township.................................................
|
|district....................................................
|
|province....................................................
|
|measuring...................................................
|
|and expires on..............................................
|
|special conditions..........................................
|
| .........................
|
| Leashold grantor
|
| Date.....................
|
|Registered at...................on..........................
|
| .........................
|
| Register of Deeds
|
|Seal of Office
|________________________________________________________________
|
|
- Delete whichever is inapplicable.".
|
2. (h) The |
Regulations for|
the |
Administration |
and Control of |
Townships in |
Black Areas, |
Proclamation |
No. R. 293 of |
1962 of the |
former Republic|
of KwaZulu; |
|
|1. The amendment of regulation 1 of Chapter 1 -
|
|(a) by the substitution for the definition of 'deeds registry"
| of the following definition:
|
| " 'deeds registry' means , in respect of the registration
| of a deed of grant and a right of leasehold, a deeds
| registry referred to in regulation I of Chapter 9 of these
| regulations, and in respect of the registration of a deed of
| transfer a deeds registry referred to in section 102 of
| the Deeds Registries Act, 1937 (Act No. 47 of 1937);";
|
|(b) by the insertion of the following definition after the
| definition of "officer":
|
| " 'officer in charge of a deeds registry' means the
| registrar:"
|
|(c) by the substitution for the definition of 'registrar" of
| the following definition:
|
| " ' registrar' means, in respect of the registration of a
| deed of grant of right of leasehold, the officer
| contemplated in regulation 1(2) of Chapter 9 of these
| regulations a registrar referred to in section 102 of
| the Deeds Registries Act, 1937 (Act No. 47 of 1937);".
|
|2. The amendment of regulation 1 of Chapter 9 -
|
|(a) by the substitution for subregulation (1) of the following
| paragraph :
|
| "(1) There is hereby established in the office of every
| Chief Commissioner a deeds registry in which shall be
| registered All documents relating to immovable property in
| any township in the area of jurisdiction of such Chief
| Commissioner referred to in these regulations shall be
| registered in a deeds registry.";
|
|(b) by the deletion of subregulations (2) and (3);
|
|(c) by the insertion of the following subregulation after
| subregulation (5) :
|
| "(6) Save as is otherwise provided in those regulations
| or the context otherwise indicates, the provisions of the
| Deeds Registries Act, 1937 (Act No. 47 of 1937), shall, in
| so far as such provisions can be so applied, apply mutatis
| mutandis in relation to all documents registered or filed or
| intended to be registered or filed in a deeds registry in
| terms of these regulations."; and
|
|(d) by the substitution for the heading of the following
| heading:
|
| "Registration of documents'; and
|
|3. Regulation 2 of Chapter 9 is hereby repealed.
|
|4. The amendment of regulation 3 of Chapter 9 -
|
|(a) by the substitution for the words preceding paragraph (a)
| of the following words:
|
| "The officer in charge of a deeds registry shall, unless
| inconsistent with the provisions of the Deeds Registries
| Act, 1937 (Act No. 47 of 1937), subject to the provisions
| of these regulations -";
|
|(b) by the substitution for paragraph (m) of the following
| paragraph :
|
| "(m) keep such registers and make such entries therein as
| may be prescribed by the Director-General and as are
| necessary for the purpose of carrying out the provisions of
| these regulations and of maintaining an efficient system of
| registration calculated to afford security of title and
| ready reference to any registered deed;"; and
|
|(c) by the substitution for paragraph (n) of the following
| paragraph :
|
| "(n) generally discharge such duties as the
| Director-General may from time to time impose and as are
| necessary to give effect to the provisions of these
| regulations.".
|
|5. The amendment of regulation 4 of Chapter 9 by the
|substitution for subparagraph (ii) of paragraph (b) of
|subregulation (1) of the following subparagraph:
|
| "(ii) if any such person refuses to consent thereto the
| rectification may be made on the authority of the
| Director-General an order of a provincial or local
| division of the Supreme Court of South Africa;".
|
|6. The following regulation is hereby substituted for
|regulation 5 of Chapter 9 :
|
| "5. An officer in charge of a deeds registry may on
| payment of such fees as may be prescribed by the Director-
| General from time to time in terms of the Deeds
| Registries Act, 1937 (Act No. 47 of 1937), permit any
| member of the public to inspect the public registers and
| other public records in his or her registry and to make
| copies of these those records or extracts from those
| registers and to obtain such other information concerning
| deeds or other documents registered or filed in such
| registry as such officer may be prepared to furnish.".
|
|7. The amendment of Regulation 6 of Chapter 9 -
|
|(a) by the substitution for subregulation (1) of the following
| subregulation :
|
| "(1) Save as is otherwise provided in these regulations -
|
| (a) the ownership of land referred to in a deed of grant
| may be conveyed from one person to another only by means
| of an endorsement on such deed of grant, made by the officer
| in charge of a deeds registry in the manner prescribed by
| the Director-General on production of the application
| (Schedule A) and declaration (Schedule B), on such officer
| being satisfied that the provisions of these regulations
| and of any other law which may be applicable, have been
| complied with;
|
| (b) any other real right in such land may be conveyed
| from one person to another by means of a notarial deed
| of cession registered by the officer in charge of the deeds
| registry in the manner prescribed by the Director-Gene-
| ral."; and
|
|(b) by the deletion of subregulation (2).
|
|8. The amendment of regulation 7 of Chapter 9 -
|
|(a) by the substitution for the words preceding paragraph (a)
| of subregulation (1) of the following words
|
| "The officer in charge of a deeds registry shall register
| and keep a record in such registry in the manner
| prescribed by the Director-General of -";
|
|(b) by the substitution for paragraph (f) of subregulation (1)
| of the following paragraph':
|
| "(f) all rights or servitudes over land in a township and
| the cession of any such rights on the authority of the
| Director-General."; and
|
|(c) by the substitution for subregulation (2) of the following
| subregulation :
|
| "(2) On the reversion of an ownership unit still held
| under a deed of grant to the Trust grantor for
| whatever reason, the officer in charge of the deeds registry
| concerned shall endorse the deed of grant thereof or
| attach thereto an endorsement to that effect and whenever
| such ownership unit is reallotted, the said officer
| shall, on payment to the Trust by the new grantee of the
| fee prescribed in regulation 10 of this chapter, endorse
| the deed of grant of such unit with regard to such
| re-allotment, or attach thereto an endorsement, in the
| form prescribed by the Director-General.".
|
|9. The amendment of regulation 8 of Chapter 9 -
|
|(a) by the substitution for paragraph (a) of subregulation (5)
| of the following paragraph :
|
| "(a) If the officer in charge of the deeds registry is
| satisfied that the documents are in order, he or she
| shall register the mortgage bond by making an entry in the
| relevant register to the effect that the relevant
| certificate property is mortgaged, and he or she
| shall endorse the certificate concerned, the deed of
| grant, or the certificate of right of leasehold and the
| registration duplicates thereof accordingly.';
|
|(b) by the substitution for paragraph (b) of subregulation (5)
| of the following paragraph :
|
| "(b) The relevant certificate, deed of grant, or
| certificate of right of leasehold or and mortgage
| bond shall thereafter be delivered to the mortgagee.";
|
|(c) by the substitution for subparagraph (iii) of paragraph (a)
| of subregulation (6) of the following subparagraph :
|
| "(iii) the relevant certificate, deed of grant or
| certificate of right of leasehold.",
|
|(d) by the substitution for paragraph (b) of subregulation (6)
| of the following paragraph :
|
| "(b) If the officer in charge of the deeds office
| registry is satisfied that the documents are in order,
| he or she shall cancel the registration of the mortgage
| bond and registration duplicate thereof, note the
| cancellation thereof in the relevant register and endorse
| the relevant certificate, deed of grant or certificate
| of right of leasehold and registration duplicate thereof
| accordingly.'; and
|
|(e) by the substitution for paragraph (d) of subregulation
| (6) of the following paragraph :
|
| "(d) The cancelled mortgage bond and certificate
| deed shall thereafter be delivered to the person who
| submitted it.'.
|
|10. The amendment of regulation 8A of Chapter 9 -
|
|(a) by the deletion of paragraph (d) of subregulation (1);
|
|(b) by the substitution for subregulation (2) of the following
| subregulation :
|
| "(2) If the officer in charge of the deeds registry is
| satisfied that the documents are in order, he or she
| shall register the cession of the mortgage bond by making an
| entry in the relevant register to the effect that the
| mortgage bond has been ceded and he or she shall endorse
| the relevant certificate, the mortgage bond and the
| registration duplicate accordingly.'; and
|
|(c) by the substitution for subregulation (4) of the following
| subregulation :
|
| "(4) The certificate, cession and mortgage bond shall
| thereafter be delivered to the person who submitted the
| documents.'.
|
|11. The amendment of regulation 88 of Chapter 9 -
|
|(a) by the deletion of paragraphs (c) and (d) of subregulation
| (1);
|
|(b) by the substitution for subregulation (2) of the following
| subregulation :
|
| "(2) If the officer in charge of the deeds registry is
| satisfied that the documents are in order, he or she
| shall cancel the cession of the mortgage bond by making an
| entry in the relevant register to the effect that the
| cession has been cancelled, and he or she shall endorse
| the relevant certificate, mortgage bond, cession and
| registration duplicate accordingly.'; and
|
|(c) by the substitution for subregulation (4) of the following
| subregulation :
|
| "(4) The certificate, mortgage bond and cancelled
| consent to the cancellation of the cession shall
| thereafter be delivered to the person who submitted the
| documents.".
|
|12. The amendment of regulation 8D of Chapter 9 -
|
|(a) by the substitution for paragraph (c) of subregulation (1)
| of the following paragraph :
|
| "(c) the relevant certificate deed."; and
|
|(b) by the substitution for subregulation (2) of the following
| subregulation :
|
| "(2) If the officer in charge of the deeds registry is
| satisfied that the documents are in order, he or she
| shall register the renunciation by making an appropriate
| entry in the register and shall endorse the relevant
| certificate deed, the mortgage bonds and
| registration duplicates thereof accordingly : Provided that
| no such renunciation in favour of a mortgage bond that has
| not yet been registered, shall be registered.'; and
|
|(c) by the substitution for subregulation (4) of the following
| subregulation :
|
| "(4) The mortgage bonds and certificate deed shall
| thereafter be delivered to the holders thereof.".
|
|13. The amendment of regulation 9 of Chapter 9 -
|
|(a) by the substitution for subregulation (1) of the following
| subregulation :
|
| "(1) If the owner (in this regulation referred to as the
| transferor) of land which is hypothecated under a registered
| mortgage bond transfers to another person with the
| approval of the Director-General, the whole of the land
| hypothecated thereunder and has not reserved any real right
| in such land, the officer in charge of the deeds registry
| may register the transfer and substitute the transferee for
| the transferor as debtor in respect of the bond : Provided
| that there is produced to him or her, in duplicate, the
| written consent in a form substantially the same as Schedule
| Q to these regulations, of the holder of the bond and the
| transferee to the substitution of the transferee for the
| transferor as the debtor in respect of the bond.";and
|
|(b) by the deletion of paragraph (c) of subregulation (4).
|
|14. The following regulation is hereby substituted for
|regulation 10 of Chapter 9 :
|
| "10. Save as is otherwise provided in these
| regulations, notwithstanding anything in any other law
| contained, no transfer duty and no fee prescribed in the
| Deeds Registries Act, 1937 (Act No. 47 of 1937) shall be
| payable under these regulations until a date fixed by the
| Minister by notice in the Gazette.".
|
|15. The amendment of regulation 12 of Chapter 9 by the
|substitution for subregulation (1) of the following
|subregulation :
|
| "(1) If rectification of title is required in respect of
| any ownership unit in consequence of a survey or resurvey of
| such land or of the correction of any error in the general
| plan or diagram thereof, the officer in charge of the deeds
| registry concerned may, on written application by the owner
| of the land accompanied by the deed of grant and the new or
| the corrected general plan or diagram thereof, any bond
| thereon and any registered deed of lease or other registered
| deed whereby any real right therein is held by any other
| person and the written consent of the holder Of such bond,
| lease or right, endorse on the relevant deeds of
| grant in the form prescribed by the Director-General, a
| description of the land according to the new or corrected
| general plan or diagram, which description shall supersede
| the description already appearing on the deed of grant,
| bond, lease or right.'.
|
|16. The amendment of regulation 13 of Chapter 9 -
|
|(a) by the substitution for the words preceding paragraph (a)
| in subregulation (1) of the following words :
|
| "(1) The officer in charge of a deeds registry, may at the
| request of the owner or legal holder or widow, heir or
| legal representative in the estate of a deceased owner or
| legal holder his or her lawful representative on a
| form substantially the same as Schedule R to these reg-
| ulations, make a certified or photostatic copy of a deed or
| of a bond or of any other document filed in that registry on
| being satisfied by affidavit-"; and
|
|(b) by the substitution for subregulation (5) of the following
| subregulation
|
| "(5) A fee of two rand (R2) prescribed in terms of
| the Deeds Registries Act, 1937 (Act No. 47 of 1937),
| shall be payable to the Trust in respect of every copy
| of a deed, bond or other document issued by the officer in
| charge of a deeds registry under this regulation.".
|
|17. The following regulation is hereby substituted for
|regulation 14 of chapter 9 :
|
| "Powers in respect of certain property in insolvent and
| certain other estates
|
|14.(1) Immovable property which has vested in a trustee in
|accordance with the law relating to insolvency and which has
|not in terms of that law been re-vested in the insolvent may,
|whether before or after rehabilitation of the insolvent, be
|transferred only by the trustee, and may not after such
|rehabilitation be transferred, mortgaged or otherwise dealt
|with by the insolvent until it has been transferred to him by
|the trustee : Provided that if after rehabilitation the
|trustee has been discharged or there is no trustee in
|existence, the Master shall, if satisfied that the
|rehabilitated insolvent is entitled to the property, give him
|transfer thereof.
|
|(2) If by virtue of the provisions of the law relating to
|insolvency an insolvent has been re-vested with the ownership
|of any property, such property may not be transferred,
|mortgaged or otherwise dealt with by the insolvent until an
|endorsement that the property has been restored to him, has
|been made by the registrar on the title deed of the property.
|
|(3) Nothing in this regulation contained shall be construed as
|modifying any provision of the law relating to insolvency.
|
|(4) The provisions of this regulation shall apply mutatis
|mutandis in respect of -
|
|(a) estates administered and distributed under section 34 of
| the Administration of Estates Act, 1965 (Act No. 66 of
| 1965):
|
|(b) companies which are unable to pay their debts and are
| liquidated and wound up by or under supervision of the court
| under the Companies Act, 1973):
|
|(c) 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).".
|
|18. The amendment of regulation 19 of Chapter 9 -
|
|(a) by the substitution for the heading of the following
| heading:
|
| "Transfer of mortgaged ownership unit"; and
|
|(b) by the substitution for the words preceding paragraph (a)
| of the following words :
|
| "No transfer of a mortgaged certificate ownership
| unit shall be registered by the officer in charge of the
| deeds registry concerned, until the bond has been cancelled
| or the ownership unit has been released from the operation
| of the said bond : Provided that no such cancellation
| shall be necessary if the transfer is made -".
|
|19. The amendment of regulation 21 of Chapter 9 -
|
|(a) by the substitution for the words preceding paragraph (a)
| of the following words :
|
| "In an application for the registration of the any
| transfer of a certificate an ownership unit that is
| an asset in a joint estate, the surviving spouse shall be
| joined in his or her personal capacity with the executor
| of the estate of the deceased spouse, except -";
|
|(b) by the substitution for paragraph (b) of the following
| paragraph :
|
| "(b) where the certificate ownership unit has been
| sold to pay the debts of the joint estate;'; and
|
|(c) by the substitution for paragraph (e) of the following
| paragraph :
|
| "(e) where the surviving spouse has signed the application
| for the registration of the transfer of the certificate
| ownership unit as the executor.'.
|
|20. The following regulation is hereby substituted for
|regulation 22 of Chapter 9 :
|
| "22. If a certificate an ownership unit or
| mortgage bond registered in the name of a body of persons is
| acquired by any member of that body of persons in his
| individual capacity, the consent required under these
| regulations for the transfer of such certificate
| ownership unit or cession of the bond shall be
| signed by all the persons comprising that body : Provided
| that, if the body of persons is a company, such consent
| shall be signed by all the directors of that company.".
|
|21. The following schedules are by inserted after regulation
|23 of Chapter 9
|
| "SCHEDULE A CONSENT TO TRANSFER
|
|1) I,.....................................................
| (Trasferor's full names, identity number/date of birth and
| marital status)
-
|
| am the registered holder of deed of grant/leasehold rights in
| respect of the following ownership unit:-
|
|Number: ......................................................
|
|Town: ........................................................
|
|Extent: ......................................................
|
|Indicate on plan No.: ........................................
|
|which rights are held by virtue of deed of grant/certificate of
|
|right of leasehold No. ......................................
|
|
|2. I hereby consent to the registration of the transfer of the
| aforesaid rights to...
|
| (Transferee's full names, identity number/date of birth and
| marital status)
|
| and hereby request the registrar to register the transfer of
| the said rights.
|
|3) Transfer of the said rights arises from (state full cause
| for transfer)..............................................
|
|Signed at ........ on this ...day of....................19...
|
| .........................
| Transferor
|
|Before me:....................................................
| (Conveyancer)
|
|Registered in the Deeds Registry at ........................on
|
|.....................
|
|REGISTRAR OF DEEDS
|
|
- If transferor is acting in a representative capacity, state
|full names of representative as well as authority under which
|acting.
|
| SCHEDULE B DECLARATION PROVING STATUS
|
|I/We
- the undersigned,.......................................
| (full names)
|
|do hereby make oath and say that-
|
|1. My indentity number is....................................
|
|2. My date of birth is.......................................
|
|3.
- I am unmarried
- We are married in community of property
| to each other
- I am married by registered customary union
|
| to.......................................................
|
| .......................
| Deponent
|
|Sworn before me at ............. on this ............. day
|
|of.............. 19...the deponent(s) having acknowledged that
|
|he/she/they know(s) and understand(s) the contents of this
|
|affidavit.
|
|.....................
|
|Commissioner of Oaths
|
|Full names:.......................
|
|Capacity:.........................
|
|Physical Address:.................
|________________________________________________________________
|
- Delete whichever is not applicable.
|
|Joint affidavit by both spouses required.".
|
2. (i) The |
Regulations for|
the |
Administration |
and Control of |
Townships in |
Black Areas, |
Proclamation |
No. R. 293 of |
1962 of the |
former self- |
governing |
territory of |
Lebowa; |
|1. The amendment of regulation 1 of Chapter 1 -
|
|(a) by the substitution for the definition of 'deeds
| registry" of the following definition:
|
| " 'deeds registry' means , in respect of the registration
| of a deed of grant and a right of leasehold, a deeds
| registry referred to in regulation 1 of Chapter 9 of these
| regulations, and in respect of the registration of a deed of
| transfer a deeds registry referred to in section 102 of
| the Deeds Registries Act, 1937 (Act No. 47 of 1937);";
|
|(b) by the insertion of the following definition after the
| definition of 'officer':
|
| " 'officer in charge of a deeds registry' means the
| registrar;"
|
|(c) by the substitution for the definition of "registrar' of
| the following definition:
|
| " 'registrar' means, in respect of the registration of a
| deed of grant of right of leasehold, the officer
| contemplated in regulation 1(2) of Chapter 9 of these
| regulations a registrar referred to in section 102 of
| the Deeds Registries Act, 1937 (Act No. 47 of 1937);".
|
|2. The amendment of regulation 3 of Chapter 1 -
|
|(a) by the substitution for subregulation (2) of the following
| subregulation :
|
| "(2) Notwithstanding the provisions of subregulation (1),
| the provisions of the Land Survey Act, 1927 (Act No. 9 of
| 1927), shall not apply to the survey of land granted under
| these regulations and the provisions of the Deeds
| Registries Act, 1937 (Act No. 47 of 1937), shall not apply
| to the registration of any deeds in respect of any such
| land : Provided that the provisions of the Land Survey
| Act, 1927 (Act No. 9 of 1927), shall apply to the survey of
| land registered by means of a deed of transfer, and that
| the provisions of the Deeds Registries Act, 1937 (Act No.
| 47 of 1937), shall apply to the registration of any deed of
| transfer in respect of any such land."; and
|
|(b) by the insertion of the following subregulation after
| subregulation (2) :
|
| "(2A) Notwithstanding the provisions of subregulation 1),
| save as is otherwise provided in these regulations or the
| context otherwise indicates, the provisions of the Deeds
| Registries Act, 1937 (Act No. 47 of 1937), shall, in so far
| as such provisions can be so applied, apply mutatis mutandis
| in relation to all documents registered or filed or intended
| to be registered or filed or these regulations.".
|
|3. The amendment of regulation 2 of Chapter 2A -
|
|(a) by the substitution for paragraph (b) of subregulation (1)
| of the following paragraph :
|
| "(b) Such a registration may be effected on
|
| The leasehold grantor on being satisfied that the
| provisions of regulation 1 of this Chapter have been
| complied with, on an application made on a form
| substantially the same as that set out in Schedule V to
| these regulations, shall issue a certificate substantially
| in the form set out in Schedule W to these regulations.";
|
|(b) by the substitution for paragraph (a) of subregulation (2)
| of the following paragraph :
|
| "(a) shall lodge with the officer in charge of the deeds
| registry concerned the application (Schedule V), the
| certificate (Schedule W) and other documents required for
| the registration of such right and the said officer, if
| satisfied that the documents are in order, shall register
| such right, subject to the conditions prescribed in these
| regulations, in favour of the competent person concerned
| against the entry relating to the ownership unit or land in
| question in the relevant register in the deeds office;'; and
|
|(c) by the deletion of paragraph (b) of subregulation (2); and
|
|(d) by the substitution for the words preceding paragraph (a)
| of subregulation (3) of the following words :
|
| "The certificate referred to in subregulation (2)
| (1)(b) shall serve as proof in favour of the registered
| holder thereof -".
|
|4. The amendment of regulation 4 of Chapter 2A by the
|substitution for subregulation (1) of the following
|subregulation :
|
| "(1) A registered right of leasehold in respect of a
| leasehold site may be transferred to another competent
| person or to a mortgagee or to the Trust only by means of
| a deed and by means of endorsement on the title
| as prescribed in these regulations and subject to any
| existing conditions on production of the application
| (Schedule G) and declaration (Schedule H), on the registrar
| being satisfied that the provisions of these regulations and
| of any other law which may be applicable have been
| complied with.".
|
|5. The amendment of regulation 1 of Chapter 9 -
|
|(a) by the substitution for subregulation (1) of the following
| paragraph :
|
| "(1) There is hereby established in the office of every
| Chief Commissioner a deeds registry in which shall be
| registered All documents relating to immovable property in
| any township in the area of jurisdiction of such Chief
| Commissioner referred to in these regulations shall be
| registered in a deeds registry.";
|
|(b) by the deletion of subregulations (2) and (3); and
|
|(c) by the substitution for the heading of the following
| heading:
|
| "Registration of documents".
|
|6. Regulation 2 of Chapter 9 is hereby repealed.
|
|7. The amendment of regulation 3 of Chapter 9 -
|
|(a) by the substitution for the words preceding paragraph (a)
| of the following words:
|
| "The officer in charge of a deeds registry shall, unless
| inconsistent with the Deeds Registries Act, 1 937 (Act No.
| 47 of 1937), subject to the provisions of these
| regulations -";
|
|(b) by the substitution for paragraph (m) of the following
| paragraph :
|
| "(m) keep such registers and make such entries therein as
| may be prescribed by the Director-General and as are
| necessary for the purpose of carrying out the provisions of
| these regulations and of maintaining an efficient system
| of registration calculated to afford security of title and
| ready reference to any registered deed;"; and
|
|(c) by the substitution for paragraph (n) of the following
| paragraph :
|
| "(n) generally discharge such duties as the Director-
| General may from time to time impose and as are necessary
| to give effect to the provisions of these regulations.".
|
|8. The amendment of regulation 4 of Chapter 9 by the
|substitution for subparagraph (ii) of paragraph (b) of
|subregulation (1) of the following subparagraph:
|
| "(ii) if any such person refuses to consent thereto the
| rectification may be made on the authority of the
| Director-General an order of a provincial or local
| division of the Supreme Court of South Africa;".
|
|9. The following regulation is hereby substituted for
|regulation 5 of Chapter 9 :
|
| "5. An officer in charge of a deeds registry may on
| payment of such fees as may be prescribed by the
| Director-General from time to time in terms of the Deeds
| Registries Act, 1937 (Act No. 47 of 1937), permit any
| member of the public to inspect the public registers and
| other public records in his or her registry and to make
| copies of these those records or extracts from those
| registers and to obtain such other information concerning
| deeds or other documents registered or filed in such
| registry as such officer may be prepared to furnish.".
|
|10. The amendment of Regulation 6 of Chapter 9 -
|
|(a) by the substitution for subregulation (1) of the following
| subregulation :
|
| "(1) Save as is otherwise provided in these regulations -
|
| (a) the ownership of land referred to in a deed of grant
| may be conveyed from one person to another only by means
| of an endorsement on such deed of grant, made by the officer
| in charge of a deeds registry in the manner prescribed by
| the Director-General on production of the application
| (Schedule Q) and declaration (Schedule H), on such officer
| being satisfied that the provisions of these regulations and
| of any other law which may be applicable, have been complied
| with;
|
| (b) any other real right in such land may be conveyed from
| one person to another by means of a notarial deed of
| cession registered by the officer in charge of the deeds
| registry in the manner prescribed by the
| Director-General."; and
|
|(b) by the deletion of subregulation (2).
|
|11. The amendment of regulation 7 of Chapter 9 -
|
|(a) by the substitution for the words preceding paragraph (a)
| of subregulation (1) of the following words :
|
|"The officer in charge of a deeds registry shall register and
|keep a record in such registry in the manner prescribed by the
|Director-General of -";
|
|(b) by the substitution for paragraph (f) of subregulation (1)
| of the following paragraph :
|
| "(f) all rights or servitudes over land in a township and
| the cession of any such rights on the authority of the
| Director-General."; and
|
|(c) by the substitution for subregulation (2) of the following
| subregulation :
|
| "(2) On the reversion of an ownership unit still held
| under a deed of grant to the Trust grantor for
| whatever reason, the officer in charge of the deeds registry
| concerned shall endorse the deed of grant thereof or
| attach thereto an endorsement to that effect and whenever
| such ownership unit is re-allotted, the said officer
| shall, on payment to the Trust by the new grantee of the
| fee prescribed in regulation 10 of this chapter, endorse
| the deed of grant of such unit with regard to such
| re-allotment, or attach thereto an endorsement, in the
| form prescribed by the Director-General.".
|
|12. The amendment of regulation 8 of Chapter 9 -
|
|(a) by the substitution for paragraph (a) of subregulation (5)
| of the following paragraph :
|
| "(a) If the officer in charge of the deeds registry is
| satisfied that the documents are in order, he or she
| shall register the mortgage bond by making an entry in the
| relevant register to the effect that the relevant
| certificate property is mortgaged, and he or she
| shall endorse the certificate concerned, the deed of
| grant, or the certificate of right of leasehold and the
| registration duplicates thereof accordingly.";
|
|(b) by the substitution for paragraph (b) of subregulation (5)
| of the following paragraph
|
| "(b) The relevant certificate, deed of grant, or
| certificate of right of leasehold or and mortgage
| bond shall thereafter be delivered to the mortgagee.';
|
|(c) by the substitution for subparagraph (iii) of paragraph (a)
| of subregulation (6) of the following subparagraph :
|
| "(iii) the relevant certificate, deed of grant or
| certificate of right of leasehold.";
|
|(d) by the substitution for paragraph (b) of subregulation (6)
| of the following paragraph :
|
| "(b) If-the officer in charge of the deeds office
| registry is satisfied that the documents are in order,
| he or she shall cancel the registration of the mortgage
| bond and registration duplicate thereof, note the
| cancellation thereof in the relevant register and endorse
| the relevant certificate, deed of grant or certificate
| of right of leasehold and registration duplicate thereof
| accordingly.'; and
|
|(e) by the substitution for paragraph (d) of subregulation (6)
| of the following paragraph :
|
| "(d) The cancelled mortgage bond and certificate
| deed shall thereafter be delivered to the person who
| submitted it.".
|
|13. The amendment of regulation 8A of Chapter 9 -
|
|(a) by the deletion of paragraph (d) of subregulation (1);
|
|(b) by the substitution for subregulation (2) of the following
| subregulation :
|
| "(2) If the officer in charge of the deeds registry is
| satisfied that the documents are in order, he or she
| shall register the cession of the mortgage bond by making an
| entry in the relevant register to the effect that the
| mortgage bond has been ceded and he or she shall endorse
| the relevant certificate, the mortgage bond and the
| registration duplicate accordingly."; and
|
|(c) by the substitution for subregulation (4) of the following
| subregulation :
|
| "(4) The certificate, cession and mortgage bond shall
| thereafter be delivered to the person who submitted the
| documents.".
|
|14. The amendment of regulation 8B of Chapter 9 -
|
|(a) by the deletion of paragraphs (c) and (d) of subregulation
| (1);
|
|(b) by the substitution for subregulation (2) of the following
| subregulation
|
| "(2) If the officer in charge of the deeds registry is
| satisfied that the documents are in order, he or she
| shall cancel the cession of the mortgage bond by making an
| entry in the relevant register to the effect that the
| cession has been cancelled, and he or she shall endorse
| the relevant certificate, mortgage bond, cession
| and registration duplicate accordingly."; and
|
|(c) by the substitution for subregulation (4) of the following
| subregulation
|
| "(4) The certificate, mortgage bond and cancelled
| consent to the cancellation of the cession shall
| thereafter be delivered to the person who submitted the
| documents.".
|
|15. The amendment of regulation 8D of Chapter 9 -
|
|(a) by the substitution for paragraph (c) of subregulation (1)
| of the following paragraph :
|
| "(c) the relevant certificate deed."; and
|
|(b) by the substitution for subregulation (2) of the
| following subregulation :
|
| "(2) If the officer in charge of the deeds registry is
| satisfied that the documents are in order, he or she
| shall register the renunciation by making an appropriate
| entry in the register and shall endorse the relevant
| certificate deed, the mortgage bonds and
| registration duplicates thereof accordingly: Provided that
| no such renunciation in favour of a mortgage bond that has
| not yet been registered, shall be registered.'; and
|
|(c) by the substitution for subregulation (4) of the following
| subregulation :
|
| "(4) The mortgage bonds and certificate deed shall
| thereafter be delivered to the holders thereof.".
|
|16. The amendment of regulation 9 of Chapter 9 -
|
|(a) by the substitution for subregulation (1) of the following
| subregulation :
|
| "(1) If the owner (in this regulation referred to as the
| transferor) of land which is hypothecated under a registered
| mortgage bond transfers to another person with the
| approval of the Director-General, the whole of the land
| hypothecated thereunder and has not reserved any real right
| in such land, the officer in charge of the deeds registry
| may register the transfer and substitute the transferee for
| the transferor as debtor in respect of the bond : Provided
| that there is produced to him or her, In duplicate, the
| written consent in a form substantially the same as Schedule
| Q to these regulations, of the holder of the bond and the
| transferee to the substitution of the transferee for the
| transferor as the debtor in respect of the bond."; and
|
|(b) by the deletion of paragraph (c) of subregulation (4).
|
|17. The following regulation is hereby substituted for
|regulation 10 of Chapter 9 :
|
| "10. Save as is otherwise provided in these
| regulations, notwithstanding anything in any other law
| contained, no transfer duty and no fee prescribed in the
| Deeds Registries Act, 1937 (Act No. 47 of 1937), shall be
| payable under these regulations until a date fixed by the
| Minister by notice in the Gazette but a fee of two rand
| (R2) shall be payable to the Trust in respect of every
| transfer of an ownership unit or for every registration
| required to be made at a deeds office under these
| regulations or for every substitution of a debtor in respect
| of a bond.".
|
|18. The amendment of regulation 12 of Chapter 9 by the
| substitution for subregulation (1) of the following
| subregulation :
|
| "(1) If rectification of title is required in respect of
| any ownership unit in consequence of a survey or resurvey of
| such land or of the correction of any error in the general
| plan or diagram thereof, the officer in charge of the deeds
| registry concerned may, on written application by the owner
| of the land accompanied by the deed of grant and the new or
| the corrected general plan or diagram thereof, any bond
| thereon and any registered deed of lease or other registered
| deed whereby any real right therein is held by any other
| person and the written consent of the holder of such bond,
| lease or right, endorse on the relevant deeds of
| grant in the form prescribed by the Director-General, a
| description of the land according to the new or corrected
| general plan or diagram, which description shall supersede
| the description already appearing on the deed of grant,
| bond, lease or right.'.
|
|19. The amendment of regulation 13 of Chapter 9 -
|
|(a) by the substitution for the words preceding paragraph (a) in
| subregulation (1) of the following words :
|
| "(1) The officer in charge of a deeds registry, may at the
| request of the owner or legal holder or widow, heir or
| legal representative in the estate of a deceased owner or
| legal holder his or her lawful representative on a
| form substantially the same as Schedule R to these reg-
| ulations, make a certified or photostatic copy of a deed or
| of a bond or of any other document filed in that registry on
| being satisfied by affidavit-'; and
|
|(b) by the substitution for subregulation (5) of the following
| subregulation :
|
| "(5) A fee of two rand (R2) prescribed in terms of
| the Deeds Registries Act, 1937 (Act No. 47 of 1937),
| shall be payable [to the Trust] in respect of every copy of
| a deed, bond or other document issued by the officer in
| charge of a deeds registry under this regulation.'.
|
|20. The following regulation is hereby substituted for
|regulation 14 of chapter 9 :
|
| "Powers in respect of certain property in insolvent and
| certain other estates
|
| 14.(1) Immovable property which has vested in a trustee in
| accordance with the law relating to insolvency and which has
| not in terms of that law been re-vested in the insolvent
| may, whether before or after rehabilitation of the
| insolvent, be transferred only by the trustee, and may not
| after such rehabilitation be transferred mortgaged or
| otherwise dealt with by the insolvent until it has been
| transferred to him by the trustee : Provided that if after
| rehabilitation the trustee has been discharged or there is
| no trustee in existence, the Master shall, if satisfied that
| the rehabilitated insolvent is entitled to the property,
| give him transfer thereof.
|
| (2) If by virtue of the provisions of the law relating to
| insolvency an insolvent has been re-vested with the
| ownership of any property, such property may not be
| transferred, mortgaged or otherwise dealt with by the
| insolvent until an endorsement that the property has been
| restored to him, has been made by the registrar on the title
| deed of the property.
|
| (3) Nothing in this regulation contained shall be construed
| as modifying any provision of the law relating to
| insolvency.
|
| (4) The provisions of this regulation shall apply mutatis
| mutandis in respect of -
|
|(a) estates administered and distributed under section 34 of the
| Administration of Estates Act, 1965 (Act No. 66 of 1965):
|
|(b) companies which are unable to pay their debts and are
| liquidated and wound up by or under supervision of the court
| under the Companies Act, 1973).";
|
|(c) close corporations which are unable to gay 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).".
|
|21. The amendment of regulation 19 of Chapter 9 -
|
|(a) by the substitution for the heading of the following
| heading:
|
| "Transfer of mortgaged ownership unit"; and
|
|(b) by the substitution for the words preceding paragraph (a) of
| the following words :
|
| "No transfer of a mortgaged certificate ownership
| unit shall be registered by the officer in charge of the
| deeds registry concerned, until the bond has been cancelled
| or the ownership unit has been released from the operation
| of the said bond : Provided that no such cancellation
| shall be necessary if the transfer is made -".
|
|22. The amendment of regulation 21 of Chapter 9 -
|
|(a) by the substitution for the words preceding paragraph (a) of
| the following words :
|
| "in an application for the registration of the any
| transfer of a certificate an ownership unit that is
| an asset in a joint estate, the surviving spouse shall be
| joined in his or her personal capacity with the executor
| of the estate of the deceased spouse, except -";
|
|(b) by the substitution for paragraph (b) of the following
| paragraph :
|
| "(b) where the certificate ownership unit has been
| sold to pay the debts of the joint estate;"; and
|
|(c) by the substitution for paragraph (e) of the following
| paragraph:
|
| "(e) where the surviving spouse has signed the application
| for the registration of the transfer of the certificate
| ownership unit as the executor.".
|
|23. The following regulation is hereby substituted for
|regulation 22 of Chapter 9 :
|
| "22. If a certificate an ownership unit or
| mortgage bond registered in the name of a body of persons is
| acquired by any member of that body of persons in his
| individual capacity, the consent required under these
| regulations for the transfer of such certificate
| ownership unit or cession of such bond shall be
| signed by all the persons comprising that body : Provided
| that, if the body of persons is a company, such consent
| shall be signed by all the directors of that company.".
|
|24. The following schedule is hereby substituted for Schedule
|W:
| "SCHEDULE W
|
| CERTIFICATE OF RIGHT OF LEASEHOLD
|
|It is hereby certified that the right of leasehold for
|
|"residential/business/professional purposes has been granted
|
|to..........................................................
|
|in respect of leasehold site
- /ownership unit
- No............
|
|in township.................................................
|
|district....................................................
|
|province....................................................
|
|measuring...................................................
|
|and expires on..............................................
|
|special conditions..........................................
|
| .........................
|
| Leashold grantor
|
| Date.....................
|
|Registered at...................on..........................
|
| .........................
|
| Register of Deeds
|
|Seal of Office
|________________________________________________________________
|
|
- Delete whichever is inapplicable.".
|
2. The Regula- |
tions for the |
Administration |
and Control of |
Townships in |
Black Areas, |
Proclamation |
No. R. 293 of |
1962 of the |
former self- |
governing |
territory of |
Qwaqwa; |
|
|1. The amendment of regulation 1 of Chapter 1 -
|
|(a) by the substitution for the definition of "deeds registry'
| of the following definition:
|
| "'deeds registry' means , in respect of the registration
| of a deed of grant and a right of leasehold, a deeds
| registry referred to in regulation 1 of Chapter 9 of these
| regulations, and in respect of the registration of a deed of
| transfer a deeds registry referred to in section 102 of
| the Deeds Registries Act, 1937 (Act No. 47 of 1937);";
|
|(b) by the insertion of the following definition after the
| definition of 'officer':
|
| " 'officer in charge of a deeds registry' means the
| registrar;"
|
|(c) by the substitution for the definition of 'registrar' of the
| following definition:
|
| " 'registrar' means, in respect of the registration of a
| deed of grant of right of leasehold, the officer
| contemplated in regulation 1(2) of Chapter 9 of these
| regulations a registrar referred to in section 102 of
| the Deeds Registries Act, 1937 (Act No. 47 of 1937);".
|
|2. The amendment of regulation 3 of Chapter 1 -
|
|(a) by the substitution for subregulation (2) of the following
| subregulation :
|
| "(2) Notwithstanding the provisions of subregulation (1),
| the provisions of the Land Survey Act, 1927 (Act No. 9 of
| 1927), shall not apply to the survey of land granted under
| these regulations and the provisions of the Deeds
| Registries Act, 1937 (Act No. 47 of 1937), shall not apply
| to the registration of any deeds in respect of any such
| land : Provided that the provisions of the Land Survey
| Act, 1927 (Act No. 9 of 1927), shall apply to the survey of
| land registered by means of a deed of transfer, and that
| the provisions of the Deeds Registries Act, 1937 (Act No.
| 47 of 1937), shall apply to the registration of any deed of
| transfer in respect of any such land."; and
|
|(b) by the insertion of the following subregulation after
| subregulation (2) :
|
| "(2A) Notwithstanding the provisions of subregulation
| (1), save as is otherwise provided in these regulations or
| the context otherwise indicates, the provisions of the Deeds
| Registries Act, 1937 (Act No. 47 of 1937), shall, in so far
| as such provisions can be so applied, apply mutatis mutandis
| in relation to all documents registered or filed or intended
| to be registered or filed in a deeds registry under these
| regulations.".
|
|3. The amendment of regulation 2 of Chapter 2A-
|
|(a) by the substitution for paragraph (b) of subregulation (1)
| of the following paragraph :
|
| "(b) Such a registration may be effected on The
| leasehold grantor on being satisfied that the provisions of
| regulation 1 of this Chapter have been complied with, on
| an application made on a form substantially the same as that
| set out in Schedule V to these regulations, shall issue a
| certificate substantially in the form set out in Schedule W
| to these regulations.";
|
|(b) by the substitution for paragraph (a) of subregulation (2)
| of the following paragraph :
|
| "(a) shall lodge with the officer in charge of the deeds
| registry concerned the application (Schedule V), the
| certificate (Schedule W) and other documents required for
| the registration of such right and the said officer, if
| satisfied that the documents are in order, shall register
| such right, subject to the conditions prescribed in these
| regulations, in favour of the competent person concerned
| against the entry relating to the ownership unit or land
| in question in the relevant register in the deeds office;';
| and
|
|(c) by the deletion of paragraph (b) of subregulation (2), and
|
|(d) by the substitution for the words preceding paragraph (a) of
| subregulation (3) of the following words :
|
| 'The certificate referred to in subregulation (2)
| (1)(b) shall serve as proof in favour of the registered
| holder thereof -".
|
|4. The amendment of regulation 4 of Chapter 2A by the
|substitution for subregulation (1) of the following
|subregulation :
|
| "(1) A registered right of leasehold in respect of a
| leasehold site may be transferred to another competent
| person or to a mortgagee or to the Trust only by means of
| a deed and by means of an endorsement on the title
| as prescribed in these regulations and subject to any
| existing conditions on production of the application
| (Schedule G) and declaration (Schedule H), on the registrar
| being satisfied that the provisions of these regulations and
| of any other law which may be applicable have been complied
| with.".
|
|5. The amendment of regulation 1 of Chapter 9 -
|
|(a) by the substitution for subregulation (1) of the following
| paragraph :
|
| "(1) There is hereby established in the off ice of every
| Chief Commissioner a deeds registry in which shall be
| registered All documents relating to immovable property in
| any township in the area of jurisdiction of such Chief
| Commissioner referred to in these regulations shall be
| registered in a deeds registry.";
|
|(b) by the deletion of subregulations (2) and (3); and
|
|(c) by the substitution for the heading of the following
| heading:
|
| "Registration of documents".
|
|6. Regulation 2 of Chapter 9 is hereby repealed.
|
|7. The amendment of regulation 3 of Chapter 9 -
|
|(a) by the substitution for the words preceding paragraph (a) of
| the following words:
|
| "The officer in charge of a deeds registry shall, unless
| inconsistent with the provisions of the Deeds Registries
| Act, 1937 (Act No. 47 of 1937), subject to the provisions
| of these regulations -";
|
|(b) by the substitution for paragraph (m) of the following
| paragraph :
|
| "(m) keep such registers and make such entries therein as
| may be prescribed by the Director-General and as are
| necessary for the purpose of carrying out the provisions of
| these regulations and of maintaining an efficient system
| of registration calculated to afford security of title and
| ready reference to any registered deed;'; and
|
|(c) by the substitution for paragraph (n) of the following
| paragraph :
|
| "(n) generally discharge such duties as the Director-
| General may from time to time impose and as are necessary
| to give effect to the provisions of these regulations.".
|
|8. The amendment of regulation 4 of Chapter 9 by the
|substitution for subparagraph (ii) of paragraph (b) of
|subregulation (1) of the following subparagraph:
|
| "(ii) if any such person refuses to consent thereto the
| rectification may be made on the authority of the
| Director-General an order of a provincial or local
| division of the Supreme Court of South Africa;".
|
|9. The following regulation is hereby substituted for regulation
|5 of Chapter 9 :
|
| "5. An officer in charge of a deeds registry may on
| payment
| of such fees as may be prescribed by the Director-General
| from time to time in terms of the Deeds Registries Act,
| 1937 (Act No. 47 of 1937), permit any member of the
| public to inspect the public registers and other public
| records in his or her registry and to make copies of
| these those records or extracts from those registers
| and to obtain such other information concerning deeds or
| other documents registered or filed in such registry as
| such officer may be prepared to furnish.".
|
|10. The amendment of Regulation 6 of Chapter 9 -
|
|(a) by the substitution for subregulation (1) of the following
| subregulation :
|
| "(1) Save as is otherwise provided in these regulations -
|
| (a) the ownership of land referred to in a deed of grant
| may be conveyed from one person to another only by means
| of an endorsement on such deed of grant, made by the officer
| in charge of a deeds registry in the manner prescribed by
| the Director-General on production of the application
| (Schedule G) and declaration (Schedule H), on such officer
| being satisfied that the provisions of these regulations and
| of any other law which may be applicable, have been complied
| with;
|
| (b) any other real right in such land may be conveyed from
| one person to another by means of a notarial deed of
| cession registered by the officer in charge of the deeds
| registry in the manner prescribed by the Director-
| General."; and
|
|(b) by the deletion of subregulation (2).
|
|11. The amendment of regulation 7 of Chapter 9 -
|
|(a) by the substitution for the words preceding paragraph (a) of
| subregulation (1) of the following words :
|
| "The officer in charge of a deeds registry shall register
| and keep a record in such registry in the manner
| prescribed by the Director-General of -";
|
|(b) by the substitution for paragraph (f) of subregulation (1)
| of the following paragraph :
|
| "(f) all rights or servitudes over land in a township and
| the cession of any such rights on the authority of the
| Director-General."; and
|
|(c) by the substitution for subregulation (2) of the following
| subregulation :
|
| "(2) On the reversion of an ownership unit still held
| under a deed of grant to the Trust grantor for
| whatever reason, the officer in charge of the deeds registry
| concerned shall endorse the deed of grant thereof or
| attach thereto an endorsement to that effect and whenever
| such ownership unit is re-allotted, the said officer
| shall, on payment to the Trust by the new grantee of the
| fee prescribed in regulation 10 of this chapter, endorse
| the deed of grant of such unit with regard to such
| re-allotment, or attach thereto an endorsement, in the
| form prescribed by the Director-General.".
|
|12. The amendment of regulation 8 of Chapter 9 -
|
|(a) by the substitution for paragraph (a) of subregulation (5)
| of the following paragraph :
|
| "(a) If the officer in charge of the deeds registry is
| satisfied that the documents are in order, he or she
| shall register the mortgage bond by making an entry in the
| relevant register to the effect that the relevant
| certificate property is mortgaged, and he or she
| shall endorse the certificate concerned, the deed of
| grant, or the certificate of right of leasehold and the
| registration duplicates thereof accordingly.";
|
|(b) by the substitution for paragraph (b) of subregulation (5)
| of the following paragraph :
|
| "(b) The relevant certificate, deed of grant, or
| certificate of right of leasehold or and mortgage
| bond shall thereafter be delivered to the mortgagee.';
|
|(c) by the substitution for subparagraph (iii) of paragraph (a)
| of subregulation (6) of the following subparagraph :
|
| "(iii) the relevant certificate, deed of grant or
| certificate of right of leasehold.";
|
|(d) by the substitution for paragraph (b) of subregulation (6)
| of the following paragraph :
|
| "(b) If the officer in charge of the deeds office
| registry is satisfied that the documents are in order,
| he or she shall cancel the registration of the
| mortgage bond and registration duplicate thereof, note the
| cancellation thereof in the relevant register and endorse
| the relevant certificate, deed of grant or certificate
| of right of leasehold and registration duplicate thereof
| accordingly."; and
|
|(e) by the substitution for paragraph (d) of subregulation (6)
| of the following paragraph :
|
| "(d) The cancelled mortgage bond and certificate
| deed shall thereafter be delivered to the person who
| submitted it.".
|
|13. The amendment of regulation 8A of Chapter 9 -
|
|(a) by the deletion of paragraph (d) of subregulation (1);
|
|(b) by the substitution for subregulation (2) of the following
| subregulation :
|
| "(2) If the officer in charge of the deeds registry is
| satisfied that the documents are in order, he or she
| shall register the cession of the mortgage bond by making an
| entry in the relevant register to the effect that the
| mortgage bond has been ceded and he or she shall endorse
| the relevant certificate, the mortgage bond and the
| registration duplicate accordingly.'; and
|
|(c) by the substitution for subregulation (4) of the following
| subregulation :
|
| "(4) The certificate, cession and mortgage bond shall
| thereafter be delivered to the person who submitted the
| documents.'.
|
|14. The amendment of regulation 8B of Chapter 9 -
|
|(a) by the deletion of paragraphs (c) and (d) of subregulation
| (1);
|
|(b) by the substitution for subregulation (2) of the following
| subregulation :
|
| "(2) If the officer in charge of the deeds registry is
| satisfied that the documents are in order, he or she
| shall cancel the cession of the mortgage bond by making an
| entry in the relevant register to the effect that the
| cession has been cancelled, and he or she shall endorse
| the relevant certificate, mortgage bond, cession
| and registration duplicate accordingly.'; and
|
|(c) by the substitution for subregulation (4) of the following
| subregulation :
|
| "(4) The certificate, mortgage bond and cancelled
| consent to the cancellation of the cession shall
| thereafter be delivered to the person who submitted the
| documents.'.
|
|15. The amendment of regulation 8D of Chapter 9 -
|
|(a) by the substitution for paragraph (c) of subregulation (1)
| of the following paragraph :
|
| "(c) the relevant certificate deed."; and
|
|(b) by the substitution for subregulation (2) of the following
| subregulation :
|
| "(2) If the officer in charge of the deeds registry is
| satisfied that the documents are in order, he or she
| shall register the renunciation by making an appropriate
| entry in the register and shall endorse the relevant
| certificate deed, the mortgage bonds and
| registration duplicates thereof accordingly: Provided that
| no such renunciation in favour of a mortgage bond that has
| not yet been registered, shall be registered."; and
|
|(c) by the substitution for subregulation (4) of the following
| subregulation :
|
| "(4) The mortgage bonds and certificate deed shall
| thereafter be delivered to the holders thereof.'.
|
|16. The amendment of regulation 9 of Chapter 9 -
|
|(a) by the substitution for subregulation (1) of the following
| subregulation :
|
| "(1) If the owner (in this regulation referred to as the
| transferor) of land which is hypothecated under a registered
| mortgage bond transfers to another person with the
| approval of the Director-General, the whole of the land
| hypothecated thereunder and has not reserved any real right
| in such land, the officer in charge of the deeds registry
| may register the transfer and substitute the transferee for
| the transferor as debtor in respect of the bond : Provided
| that there is produced to him or her, in duplicate, the
| written consent in a form substantially the same as Schedule
| Q to these regulations, of the holder of the bond and the
| transferee to the substitution of the transferee for the
| transferor as the debtor in respect of the bond."; and
|
|(b) by the deletion of paragraph (c) of subregulation (4).
|
|17. The following regulation is hereby substituted for
|regulation 10 of Chapter 9 :
|
| "10. Save as is otherwise provided in these
| regulations, notwithstanding anything in any other law
| contained, no transfer duty and no fee prescribed in the
| Deeds Registries Act, 1937 (Act No. 47 of 1937), shall be
| payable under these regulations until a date fixed by the
| Minister by notice in the Gazette but a fee of two rand
| (R2) shall be payable to the Trust in respect of every
| transfer of an ownership unit or for every registration
| required to be made at a deeds off ice under these
| regulations or for every substitution of a debtor in respect
| of a bond.".
|
|18. The amendment of regulation 12 of Chapter 9 by the
|substitution for subregulation (1) of the following
|subregulation :
|
| "(1) If rectification of title is required in respect of
| any ownership unit in consequence of a survey or resurvey of
| such land or of the correction of any error in the general
| plan or diagram thereof, the officer in charge of the deeds
| registry concerned may, on written application by the owner
| of the land accompanied by the deed of grant and the new or
| the corrected general plan or diagram thereof, any bond
| thereon and any registered deed of lease or other registered
| deed whereby any real right therein is held by any other
| person and the written consent of the holder of such bond,
| lease or right, endorse on the relevant deeds of
| grant in the form prescribed by the Director-General, a
| description of the land according to the new or corrected
| general plan or diagram, which description shall supersede
| the description already appearing on the deed of grant,
| bond, lease or right.'.
|
|19. The amendment of regulation 13 of Chapter 9 -
|
|(a) by the substitution for the words preceding paragraph (a) in
| subregulation (1) of the following words :
|
| "(1) The officer in charge of a deeds registry, may at the
| request of the owner or legal holder or widow, heir or
| legal representative in the estate of a deceased owner or
| legal holder his or her lawful representative on a
| form substantially the same as Schedule R to these reg-
| ulations, make a certified or photostatic copy of a deed or
| of a bond or of any other document filed in that registry on
| being satisfied by affida-vit-"; and
|
|(b) by the substitution for subregulation (5) of the following
| subregulation :
|
| "(5) A fee of two rand, (R2) prescribed in terms of
| the Deeds Registries Act, 1937 (Act No. 47 of 1937),
| shall be payable to the Trust in respect of every copy
| of a deed, bond or other document issued by the officer in
| charge of a deeds registry under this regulation.".
|
|20. The following regulation is hereby substituted for
|regulation 14 of chapter 9
|
| "Powers in respect of certain property in insolvent and
| certain other estates
|
| 14.(1) Immovable property which has vested in a trustee in
| accordance with the law relating to insolvency and which has
| not in terms of that law been re-vested in the insolvent
| may, whether before or after rehabilitation of the
| insolvent, be transferred only by the trustee, and may not
| after such rehabilitation be transferred, mortgaged or
| otherwise dealt with by the insolvent until R has been
| transferred to him by the trustee : Provided that if after
| rehabilitation the trustee has been discharged or there is
| no trustee in existence. the Master shall, if satisfied
| that the rehabilitated insolvent is entitled to the
| property. give him transfer thereof.
|
| (2) If by virtue of the provisions of the law relating to
| insolvency an insolvent has been re-vested with the
| ownership of any property, such property may not be
| transferred, mortgaged or otherwise dealt with by the
| insolvent until an endorsement that the property has been
| restored to him, has been made by the registrar on the title
| deed of the property.
|
| (3) Nothing in this regulation contained shall be construed
| as modifying any provision of the law relating to insolvency
| (4) The provisions of this regulation shall apply mutatis
| mutandis in respect of -
|
|(a) estates administered and distributed under section 34 of the
| Administration of Estates Act, 1965 (Act No. 66 of 1965):
|
|(b) companies which are unable to pay their debts and are
| liquidated and wound up by or under supervision of the court
| under the Companies Act, 1973);
|
|(c) 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).".
|
|21. The amendment of regulation 19 of Chapter 9 -
|
|(a) by the substitution for the heading of the following
| heading:
|
| 'Transfer of mortgaged ownership unit"; and
|
|(b) by the substitution for the words preceding paragraph (a) of
| the following words :
|
| "No transfer of a mortgaged certificate ownership
| unit shall be registered by the officer in charge of the
| deeds registry concerned, until the bond has been cancelled
| or the ownership unit has been released from the operation
| of the said bond: Provided that no such cancellation
| shall be necessary if the transfer is made -".
|
|22. The amendment of regulation 21 of Chapter 9 -
|
|(a) by the substitution for the words preceding paragraph (a) of
| the following words :
|
| "In an application for the registration of the any
| transfer of a certificate an ownership unit that is
| an asset in a joint estate, the surviving spouse shall be
| joined in his or her personal capacity with the executor
| of the estate of the deceased spouse, except -";
|
|(b) by the substitution for paragraph (b) of the following
| paragraph :
|
| "(b) where the certificate ownership unit has been
| sold to pay the debts of the joint estate;"; and
|
|(c) by the substitution for paragraph (e) of the following
| paragraph
|
| "(e) where the surviving spouse has signed the application
| for the registration of the transfer of the certificate
| ownership unit as the executor.".
|
|23. The following regulation is hereby substituted for
|regulation 22 of Chapter 9 :
|
| "22. If a certificate an ownership unit or
| mortgage bond registered in the name of a body of persons is
| acquired by any member of that body of persons in his
| individual capacity, the consent required under these
| regulations for the transfer of such certificate
| ownership unit or cession of such bond shall be
| signed by all the persons comprising that body: Provided
| that, if the body of persons is a company, such consent
| shall be signed by all the directors of that company.'.
|
|24. The following schedule is hereby substituted for Schedule W
|
| "SCHEDULE W
|
| CERTIFICATE OF RIGHT OF LEASEHOLD
|
|It is hereby certified that the right of leasehold for
|
|"residential/business/professional purposes has been granted
|
|to..........................................................
|
|in respect of leasehold site
- /ownership unit
- No............
|
|in township.................................................
|
|district....................................................
|
|province....................................................
|
|measuring...................................................
|
|and expires on..............................................
|
|special conditions..........................................
|
| .........................
|
| Leashold grantor
|
| Date.....................
|
|Registered at...................on..........................
|
| .........................
|
| Register of Deeds
|
|Seal of Office
|________________________________________________________________
|
|
- Delete whichever is inapplicable.".
|
3. (a) The |
Black Areas |
Land |
Regulations, |
Proclamation |
No. R. 188 of |
1969 of the |
former Repu- |
blic of Bophu- |
thatswana; " |
|
|1. The amendment of section 1 -
|
|(a) by the substitution for the definition of "registrar" of
| the following definition:
|
| 'registrar' includes the means a registrar of land
| titles or an assistant registrar of land titles appointed in
| terms of section 41 by the Chief Commissioner referred
| to in section 102 of the Deeds Registries Act, 1937 (Act No.
| 47 of 1937);"; and
|
|(b) by the substitution for the definition of 'registered' of
| the following definition :
|
| " 'registered' means registered in the relative deeds
| registry or, in accordance With the provisions of these
| regulations, in a registry of land titles or, in the case
| of land held under a permission to occupy, in an allotments
| register;'.
|
|2. The amendment of section 3 -
|
|(a) by the substitution for subsection (2) of the following
| subsection :
|
| "(2) Notwithstanding anything in any other law no transfer
| duty and no fee prescribed in terms of the Deeds Registries
| Act, 1937 (Act No. 47 of 1937) shall be payable in respect
| of anything done in terms of these regulations in any
| registry of land titles until a date fixed by the Minister
| by notice in the Gazette."; and
|
|(b) by the insertion of the following subsection after
| subsection (2) :
|
| "(3) Save as is otherwise provided in these regulations
| or the context otherwise indicates, the provisions of the
| Deeds Registries Act, 1937 (Act No. 47 of 1937), shall in
| so far as such provisions can be so applied, apply mutatis
| mutandis in relation to all documents registered or filed or
| intended to be registered or filed in a deeds registry in
| terms of these regulations.".
|
|3. The amendment of section 41 -
|
|(a) by the substitution of subsection (1) of the following
| subsection
|
| "41. (1) There shall be a registry of land titles in the
| office of every Chief Commissioner, in which shall be
| registered All documents relating to immovable property
| granted to or held by Black a person under quitrent
| title in any Black area situate in the respective areas of
| jurisdiction of such Chief Commissioners, and which shall,
| in the case of the Chief Commissioners offices at King
| William's Town and Pietermaritzburg, be a continuation of
| the deeds registries established in their respective offices
| in terms of any law repealed by these regulations shall
| be registered in a deeds registry referred to in section 102
| of the Deeds Registries Act, 1937 (Act No. 47 of 1937).";
| and
|
|(b) by the deletion of subsections (2) and (3).
|
|4. The amendment of section 42 -
|
|(a) by the substitution for the words preceding paragraph (a) of
| subsection (1) of the following words :
|
| "The registrar of land titles shall, unless
| inconsistent with the provisions of the Deeds Registries
| Act, 1 937 (Act No. 47 of 1937), subject to the
| provisions of these regulations -";
|
|(b) by the substitution for paragraph (i) of subsection (1) of
| the following paragraph :
|
| "(i) keep such registers, make such entries therein and
| discharge such other duties as may be prescribed by the
| Secretary, and as may be necessary to give effect to the
| provisions of these regulations and for the maintenance of
| an efficient system of registration."; and
|
|(c) by the substitution for subsection (2) of the following
| subsection
|
| "(2) The registrar of land titles shall notify the
| registrar of deeds concerned, on registration of every
| grant of land made under quitrent title registered by
| him in terms of section 15(5), and such registrar of
| deeds shall endorse the fact registration of such
| grant against the records of the relative Trust title
| deed, which endorsement shall constitute a bar against
| registration by such registrar of deeds of any transaction
| in respect of the land described in such quitrent title.'.
|
|5. The amendment of section 43 :
|
|(a) by the substitution for the words preceding paragraph (a) of
| the following words:
|
| "The registrar of land titles shall have power-"; and
|
|(b) the substitution for subparagraph (ii) of paragraph (d) of
| the following subparagraph :
|
| "(ii) if any such person refuses to consent thereto, the
| rectification may be made on the authority of the Chief
| Commissioner an order of a local or provincial division
| of the Supreme Court of South Africa;".
|
|6. Section 44 is hereby repealed.
|
|7. The following section is hereby substituted for section 45
|
| "45. Subject to the provisions of section 3(2), or any pro-
| vision to the contrary in these regulations or in any other
| law, the registrar of land titles may, in respect of any
| land which is in terms of any law subject to the payment of
| any tax, rate, charge, fee or duty, or in respect of any
| act, matter or thing the performance or registration of
| which is subject to the payment of any fees of office,
| refuse to perform or register such act, matter or thing
| relating to such land until he or she is satisfied that
| such tax, rate, charge, fee or duty, or such fees of office
| have been paid or that exemption or other discharge from
| payment has been lawfully granted by competent authority.".
|
|8. The amendment of section 46 -
|
|(a) by the substitution for subsection (1) of the following
| subsection:
|
| "(1) The registrar may in his or her discretion, upon
| payment of the fee prescribed in Annexure 25 in
| terms of the Deeds Registries Act, 1937 (Act No. 47 of
| 1937), issue a certified copy of any quitrent title, bond
| or other document registered in his or her registry,
| upon being satisfied by affidavit substantially in the form
| prescribed in Annexure 26, that the original or any copy
| thereof issued to the holder or owner of such title, bond or
| other document, is lost or destroyed and cannot despite
| diligent search be found, and that it has not been pledged
| as security for debt, or if such original or copy is in his
| or her opinion in an unserviceable condition."; and
|
|(b) by the deletion of subsections (2) and (3).
|
|9. The amendment of annexure 3 by the insertion of the following
|words at the end thereof:
|
|"Registered at.................. on.......................
|
| ......................
| Registrar of Deeds".
|
|10. Annexure 25 is hereby repealed.
|
3. (b) The |
Ciskei Land |
Regulations |
Act, 1982 (Act |
No. 14 of |
1982); |
|1. The amendment of section 1 -
|
|(a) by the substitution for the definition of 'registered'
| of the following definition :
|
| " 'registered' means registered in the relative deeds
| registry or, in accordance with the provisions of these
| regulations, in a registry of land titles or, in the case
| of land held under a permission to occupy, in an allotments
| register;'.
|
|(b) by the substitution for the definition of 'registered" of
| the following definition :
|
| " 'registered' means registered in the relative deeds
| registry or, in accordance with the provisions of these
| regulations, in a registry of land titles or, in the case
| of land held under a permission to occupy, in an allotments
| register;'.
|
|2. The amendment of section 3 -
|
|(a) by the substitution for subsection (2) of the following
| subsection:
|
| "(2) Notwithstanding anything in any other law no transfer
| duty and no fee prescribed in terms of the Deeds Registries
| Act, 1937 (Act No. 47 of 1937) shall be payable in respect
| of anything done in terms of these regulations in any
| registry of land titles until a date fixed by the Minister
| by notice in the Gazette.".
|
|(b) by the insertion of the following subsection after
| subsection (2):
|
| "(3) Save as is otherwise provided in these regulations
| or the context otherwise indicates, the provisions of the
| Deeds Registries Act, 1937 (Act No. 47 of 1937), shall in
| so far as such provisions can be so applied, apply mutatis
| mutandis in relation to all documents registered or filed or
| intended to be registered or filed in a deeds registry in
| terms of these regulations.".
|
|3. The amendment of section 41 -
|
|(a) by the substitution of subsection (1) of the following
| subsection:
|
| "41. (1) There shall be a registry of land titles in the
| office of every Chief Commissioner, in which shall be
| registered All documents relating to immovable property
| granted to or held by Black a person under quitrent
| title in any Black area situate in the respective areas of
| jurisdiction of such Chief Commissioners, and which shall,
| in the case of the Chief Commissioners offices at King
| William's Town and Pietermaritzburg, be a continuation of
| the deeds registries established in their respective offices
| in terms of any law repealed by these regulations shall
| be registered in a deeds registry referred to in section 102
| of the Deeds Registries Act, 1937 (Act No. 47 of 1937).";
| and
|
|(b) by the deletion of subsections (2) and (3).
|
|4. The amendment of section 42 -
|
|(a) by the substitution for the words preceding paragraph (a) of
| subsection (1) of the following words :
|
| "The registrar of land titles shall, unless
| inconsistent with the provisions of the Deeds Registries
| Act, 1937 (Act No. 47 of 1937), subject to the provisions
| of these regulations -";
|
|(b) by the substitution for paragraph (i) of subsection (1) of
| the following paragraph :
|
| "(i) keep such registers, make such entries therein and
| discharge such other duties as may be prescribed by the
| Secretary, and as may be necessary to give effect to the
| provisions of these regulations and for the maintenance of
| an efficient system of registration."; and
|
|(c) by the substitution for subsection (2) of the following
| subsection:
|
| "(2) The registrar of land titles shall notify the
| registrar of deeds concerned, on registration of every
| grant of land made under quitrent title registered by
| him in terms of section 15(5), and such registrar of
| deeds shall endorse the fact registration of such
| grant against the records of the relative Trust title
| deed, which endorsement shall constitute a bar against
| registration by such registrar of deeds of any transaction
| in respect of the land described in such quitrent title.'.
|
|5. The amendment of section 43 :
|
|(a) by the substitution for the words preceding paragraph (a) of
| the following words:
|
| "The registrar of land titles shall have power-"; and
|
|(b) the substitution for subparagraph (ii) of paragraph (d) of
| the following subparagraph
|
| "(ii) if any such person refuses to consent thereto, the
| rectification may be made on the authority of the Chief
| Commissioner an order of a local or provincial division
| of the Supreme Court of South Africa;".
|
|6. Section 44 is hereby repealed.
|
|7. The following section is hereby substituted for section 45
|
| "45. Subject to the provisions of section 3(2), or any
| provision to the contrary in these regulations or in any
| other law, the registrar of land titles may, in respect
| of any land which is in terms of any law subject to the
| payment of any tax, rate, charge, fee or duty, or in respect
| of any act, matter or thing the performance or registration
| of which is subject to the payment of any fees of office,
| refuse to perform or register such act, matter or thing
| relating to such land until he or she is satisfied that
| such tax, rate, charge, fee or duty, or such fees of office
| have been paid or that exemption or other discharge from
| payment has been lawfully granted by competent authority.'.
|
|8. The amendment of section 46 -
|
|(a) by the substitution for subsection (1) of the following
| subsection:
|
| "(1) The registrar may in his or her discretion, upon
| payment of the fee prescribed in Annexure 25 in
| terms of the Deeds Registries Act, 1937 (Act No. 47 of
| 1937), issue a certified copy of any quitrent title, bond
| or other document registered in his or her registry,
| upon being satisfied by affidavit substantially in the form
| prescribed in Annexure 26, that the original or any copy
| thereof issued to the holder or owner of such title, bond or
| other document, is lost or destroyed and cannot despite
| diligent search be found, and that it has not been pledged
| as security for debt, or if such original or copy is in his
| or her opinion in an unserviceable condition."; and
|
|(b) by the deletion of subsections (2) and (3).
|
|9. The amendment of annexure 3 by the insertion of the following
|words at the end thereof:
|
|"Registered at .......................on...................
|
| ..................................
| "Registrar of Deeds".
|
|10. Annexure 25 is hereby repealed.
|
3. (c) The |
Black Areas |
Land |
Regulations, |
Proclamation |
No. R. 188 of |
1969 of the |
former self- |
governing |
territory of |
Gazankulu; |
|
|1. The amendment of section 1 -
|
|(a) by the substitution for the definition of "registrar" of
| the following definition:
|
| " 'registrar' includes the means a registrar of
| land titles or an assistant registrar of land titles
| appointed in terms of section 41 by the Chief Commissioner
| referred to in section 102 of the Deeds Registries Act,
| 1937 (Act No. 47 of 1937);"; and
|
|(b) by the substitution for the definition of "registered" of
| the following definition :
|
| " 'registered' means registered in the relative deeds
| registry or, in accordance with the provisions of these
| regulations, in a registry of land titles or, in the case
| of land held under a permission to occupy, in an allotments
| register;".
|
|2. The amendment of section 3 -
|
|(a) by the substitution for subsection (2) of the following
| subsection:
|
| "(2) Notwithstanding anything in any other law no transfer
| duty and no fee prescribed in terms of the Deeds Registries
| Act, 1937 (Act No. 47 of 1937) shall be payable in respect
| of anything done in terms of these regulations in any
| registry of land titles until a date fixed by the Minister
| by notice in the Gazette.".
|
|(b) by the insertion of the following subsection after
| subsection (2) :
|
| "(3) Save as is otherwise provided in these regulations
| or the context otherwise indicates, the provisions of the
| Deeds Registries Act, 1937 (Act No. 47 of so far as such
| provisions can be so applied, apply mutatis mutandis in
| relation to all documents registered or filed or intended to
| be registered or filed in a deeds registry in terms of these
| regulations.".
|
|3. The amendment of section 41 -
|
|(a) by the substitution of subsection (1) of the following
| subsection:
|
| "41. (1) There shall be a registry of land titles in the
| office of every Chief Commissioner, in which shall be
| registered All documents relating to immovable property
| granted to or held by Black a person under quitrent
| title in any Black area situate in the respective areas of
| jurisdiction of such Chief Commissioners, and which shall,
| in the case of the Chief Commissioners offices at King
| William's Town and Pietermaritzburg, be a continuation of
| the deeds registries established in their respective offices
| in terms of any law repealed by these regulations shall
| be registered in a deeds registry referred to in section 102
| of the Deeds Registries Act, 1937 (Act No. 47 of 1937).";
| and
|
|(b) by the deletion of subsections (2) and (3).
|
|4. The amendment of section 42 -
|
|(a) by the substitution for the words preceding paragraph (a) of
| subsection (1) of the following words :
|
| "The registrar of land titles shall, unless
| inconsistent with the provisions of the Deeds Registries
| Act, 1937 (Act No. 47 of 1937), subject to the provisions
| of these regulations -";
|
|(b) by the substitution for paragraph (i) of subsection (1) of
| the following paragraph :
|
| "(i) keep such registers, make such entries therein and
| discharge such other duties as may be prescribed by the
| Director-general, and as may be necessary to give effect
| to the provisions of these regulations and for the
| maintenance of an efficient system of registration.'; and
|
|(c) by the substitution for subsection (2) of the following
| subsection:
|
| "(2) The registrar of land titles shall notify the
| registrar of deeds concerned, on registration of every
| grant of land made under quitrent title registered by
| him in terms of section 15(5), and such registrar of
| deeds shall endorse the fact registration of
| such-grant against the records of the relative Trust
| title deed, which endorsement shall constitute a bar against
| registration by such registrar of deeds of any transaction
| in respect of the land described in such quitrent title.'.
|
|5. The amendment of section 43:
|
|(a) by the substitution for the words preceding paragraph (a) of
| the following words:
|
| "The registrar of land titles shall have power-"; and
|
|(b) the substitution for subparagraph (ii) of paragraph (d) of
| the following subparagraph -
|
| "(ii) if any such person refuses to consent thereto, the
| rectification may be made on the authority of the Chief
| Commissioner an order of a local or provincial division
| of the Supreme Court of South Africa;".
|
|6. Section 44 is hereby repealed.
|
|7. The following section is hereby substituted for section 45
|
| "45. Subject to the provisions of section 3(2), or any
| provision to the contrary in these regulations or in any
| other law, the registrar of land titles may, in respect
| of any land which is in terms of any law subject to the
| payment, of any tax, rate, charge, fee or duty, or in
| respect of any act, matter or thing the performance or
| registration of which is subject to the payment of any fees
| of office, refuse to perform or register such act, matter or
| thing relating to such land until he or she is satisfied
| that such tax, rate, charge, fee or duty, or such fees of
| office have been paid or that exemption or other discharge
| from payment has been lawfully granted by competent
| authority.".
|
|8. The amendment of section 46 -
|
|(a) by the substitution for subsection (1) of the following
| subsection:
|
| "(1) The registrar may in his or her discretion, upon
| payment of the fee prescribed in Annexure 25 in
| terms of the Deeds Registries Act, 1937 (Act No. 47 of
| 1937), issue a certified copy of any quitrent title, bond
| or other document registered in his or her registry,
| upon being satisfied by affidavit substantially in the form
| prescribed in Annexure 26, that the original or any copy
| thereof issued to the holder or owner of such title, bond or
| other document, is lost or destroyed and cannot despite
| diligent search be found, and that it has not been pledged
| as security for debt, or if such original or copy is in his
| or her opinion in an unserviceable condition."; and
|
|(b) by the deletion of subsections (2) and (3).
|
|9. The amendment of annexure 3 by the insertion of the following
|words at the end thereof:
|
|"Registered at .......................on...................
|
| ....................................
| Registrar of Deeds".
|
|10. Annexure 25 is hereby repealed.
|
3. (d) The |
Black Areas |
Land |
Regulations, |
Proclamation |
No. R. 188 of |
1969 of the |
former self- |
governing |
territory of |
KaNgwane; |
|
|1. The amendment of section 1 -
|
|(a) by the substitution for the definition of 'registrar' of
| the following definition:
|
| " 'registrar' includes the means a registrar of
| land titles or an assistant registrar of land titles
| appointed in terms of section 41 by the Chief Commissioner
| referred to in section 102 of the Deeds Registries Act,
| 1937 (Act No. 47 of 1937);"; and
|
|(b) by the substitution for the definition of 'registered" of
| the following definition :
|
| " 'registered' means registered in the relative deeds
| registry or, in accordance with the provisions of these
| regulations, in a registry of land titles or, in the case
| of land held under a permission to occupy, in an allotments
| register;".
|
|2. The amendment of section 3 -
|
|(a) by the substitution for subsection (2) of the following
| subsection:
|
| "(2) Notwithstanding anything in any other law no transfer
| duty and no fee prescribed in terms of the Deeds Registries
| Act, 1937 (Act No. 47 of 1937) shall be payable in respect
| of anything done in terms of these regulations in any
| registry of land titles until a date fixed by the Minister
| by notice in the Gazette.".
|
|(b) by the insertion of the following subsection after
| subsection (2):
|
| "(3) Save as is otherwise provided in these regulations
| or the context otherwise indicates, the provisions of the
| Deeds Registries Act, 1937 (Act No. 47 of 1937), shall in
| so far as such provisions can be so applied, apply mutatis
| mutandis in relation to all documents registered or filed or
| intended to be registered or filed in a deeds registry in
| terms of these regulations.".
|
|3. The amendment of section 41 -
|
|(a) by the substitution of subsection (1) of the following
| subsection:
|
| "41. (1) There shall be a registry of land titles in the
| office of every Chief Commissioner, in which shall be
| registered All documents relating to immovable property
| granted to or held by Black a person under quitrent
| title in any Black area situate in the respective areas of
| jurisdiction of such Chief Commissioners, and which shall,
| in the case of the Chief Commissioners offices at King
| William's Town and Pietermaritzburg, be a continuation of
| the deeds registries established in their respective offices
| in terms of any law repealed by these regulations shall
| be registered in a deeds registry referred to in section 102
| of the Deeds Registries Act, 1937 (Act No. 47 of 1937).";
| and
|
|(b) by the deletion of subsections (2) and (3).
|
|4. The amendment of section 42 -
|
|(a) by the substitution for the words preceding paragraph (a) of
| subsection (1) of the following words :
|
| "The registrar of land titles shall, unless
| inconsistent with the provisions of the Deeds Registries
| Act, 1937 (Act No. 47 of 1937), subject to the provisions
| of these regulations -";
|
|(b) by the substitution for paragraph (i) of subsection (1) of
| the following paragraph :
|
| "(i) keep such registers, make such entries therein and
| discharge such other duties as may be prescribed by the
| Director-General, and as may be necessary to give effect
| to the provisions of these regulations and for the
| maintenance of an efficient system of registration."; and
|
|(c) by the substitution for subsection (2) of the following
| subsection :
|
| "(2) The registrar of land titles shall notify the
| registrar of deeds concerned, on registration of every
| grant of land made under quitrent title registered by
| him in terms of section 15(5), and such registrar of
| deeds shall endorse the fact registration of such
| grant against the records of the relative Trust title
| deed, which endorsement shall constitute a bar against
| registration by such registrar of deeds of any
| transaction in respect of the land described in
| such quitrent title,".
|
|5. The amendment of section 43 :
|
|(a) by the substitution for the words preceding paragraph (a)
| of the following words :
|
| "The registrar of land titles shall have power-"; and
|
|(b) the substitution for subparagraph (ii) of paragraph (d) of
| the following subparagraph :
|
| "(ii) if any such person refuses to consent thereto, the
| rectification may be made on the authority of the Chief
| Commissioner an order of a local or provincial division
| of the Supreme Court of South Africa;".
|
|6. Section 44 is hereby repealed.
|
|7. The following section is hereby substituted for section 45
|
| "45. Subject to the provisions of section 3(2), or any
| provision to the contrary in these regulations or in any
| other law, the registrar of land titles may, in respect
| of any land which is in terms of any law subject to the
| payment of any tax, rate, charge, fee or duty, or in respect
| of any act, matter or thing the performance or registration
| of which is subject to the payment of any fees of office,
| refuse to perform or register such act, matter or thing
| relating to such land until he or she is satisfied that
| such tax, rate, charge, fee or duty, or such fees of office
| have been paid or that exemption or other discharge from
| payment has been lawfully granted by competent authority.'.
|
|8. The amendment of section 46 -
|
|(a) by the substitution for subsection (1) of the following
| subsection:
|
| "(1) The registrar may in his or her discretion, upon
| payment of the fee prescribed in Annexure 25 in
| terms of the Deeds Registries Act, 1937 (Act No. 47 of
| 1937), issue a certified copy of any quitrent title, bond
| or other document registered in his or her registry,
| upon being satisfied by affidavit substantially in the form
| prescribed in Annexure 26, that the original or any copy
| thereof issued to the holder or owner of such title, bond or
| other document, is lost or destroyed and cannot despite
| diligent search be found, and that it has not been pledged
| as security for debt, or if such original or copy is in his
| or her opinion in an unserviceable condition."; and
|
|(b) by the deletion of subsections (2) and (3).
|
|9. The amendment of annexure 3 by the insertion of the
|following words at the end thereof:
|
|"Registered at ....................... on ................
|
| ............................
| Registrar of Deeds".
|
|10. Annexure 25 is hereby repealed.
|
3. (e) The |
Black Areas |
Land Regula- |
tions, Procla- |
mation No. R. |
188 of 1969 of |
the former |
self-governing |
territory of |
KwaNdebele; |
|
|1. The amendment of section 1 -
|
|(a) by the substitution for the definition of 'registrar" of
| the following definition:
|
| " 'registrar' includes the means a registrar of
| land titles or an assistant registrar of land titles
| appointed in terms of section 41 by the Chief Commissioner
| referred to in section 102 of the Deeds Registries Act,
| 1937 (Act No. 47 1937);"; and
|
|(b) by the substitution for the definition of 'registered' of
| the following definition :
|
| " 'registered' means registered in the relative deeds
| registry or, in accordance with the provisions of these
| regulations, in a registry of land titles or, in the case
| of land held under a permission to occupy, in an allotments
| register;".
|
|2. The amendment of section 3 -
|
|(a) by the substitution for subsection (2) of the following
| subsection
|
| "(2) Notwithstanding anything in any other law no transfer
| duty and no fee prescribed in terms of the Deeds Registries
| Act, 1937 (Act No. 47 of 1937) shall be payable in respect
| of anything done in terms of these regulations in any
| registry of land titles until a date fixed by the Minister
| by notice in the Gazette.".
|
|(b) by the insertion of the following subsection after
| subsection (2):
|
| "(3) Save as is otherwise provided in these regulations
| or the context otherwise indicates, the provisions of the
| Deeds Registries Act, 1937 (Act No. 47 of 1937), shall in
| so far as such provisions can be so applied, apply mutatis
| mutandis in relation to all documents registered or filed or
| intended to be registered or filed in a deeds registry in
| terms of these regulations.".
|
|3. The amendment of section 41 -
|
|(a) by the substitution of subsection (1) of the following
| subsection:
|
| "41. (1) There shall be a registry of land titles in the
| office of every Chief Commissioner, in which shall be
| registered All documents relating to immovable property
| granted to or held by Black a person under quitrent
| title in any Black area situate in the respective areas of
| jurisdiction of such Chief Commissioners, and which shall,
| in the case of the Chief Commissioners offices at King
| William's Town and Pietermaritzburg, be a continuation of
| the deeds registries established in their respective offices
| in terms of any law repealed by these regulations shall
| be registered in a deeds registry referred to in section 102
| of the Deeds Registries Act, 1937 (Act No. 47 of 1937).";
| and
|
|(b) by the deletion of subsections (2) and (3).
|
|4. The amendment of section 42 -
|
|(a) by the substitution for the words preceding paragraph (a)
| of subsection (1) of the following words :
|
| "The registrar of land titles shall, unless
| inconsistent with the provisions of the Deeds Registries
| Act. 1937 (Act No. 47 of 1937), subject to the
| provisions of these regulations -";
|
|(b) by the substitution for paragraph (i) of subsection (1) of
| the following paragraph :
|
| "(i) keep such registers, make such entries therein and
| discharge such other duties as may be prescribed by the
| Director-General, and as may be necessary to give effect
| to the provisions of these regulations and for the
| maintenance of an efficient system of registration.'; and
|
|(c) by the substitution for subsection (2) of the following
| subsection:
|
| "(2) The registrar of land titles shall notify the
| registrar of deeds concerned, on registration of every
| grant of land made under quitrent title registered by
| him in terms of section 15(5), and such registrar of
| deeds shall endorse the fact registration of such
| grant against the records of the relative Trust title
| deed, which endorsement shall constitute a bar against
| registration by such registrar of deeds of any transaction
| in respect of the land described in such quitrent title.'.
|
|5. The amendment of section 43 :
|
|(a) by the substitution for the words preceding paragraph (a)
| of the following words :
|
| "The registrar of land titles shall have power-"; and
|
|(b) the substitution for subparagraph (ii) of paragraph (d) of
| the following subparagraph :
|
| "(ii) if any such person refuses to consent thereto, the
| rectification may be made on the authority of the Chief
| Commissioner an order of a local or provincial division
| of the Supreme Court of South Africa;".
|
|6. Section 44 is hereby repealed.
|
|7. The following section is hereby substituted for section 45
|
| "45. Subject to the provisions of section 3(2), or any
| provision to the contrary in these regulations or in any
| other law, the registrar of land titles may, in respect
| of any land which is in terms of any law subject to the
| payment of any tax, rate, charge, fee or duty, or in respect
| of any act, matter or thing the performance or registration
| oil which is subject to the payment of any fees of office,
| refuse to perform or register such act, matter or thing
| relating to such land until he or she is satisfied that such
| tax, rate, charge, fee or duty, or such fees of office
| have been paid or that exemption or other discharge from
| payment has been lawfully granted by competent authority.'.
|
|8. The amendment of section 46 -
|
|(a) by the substitution for subsection (1) of the following
| subsection:
|
| "(1) The registrar may in his or her discretion, upon
| payment of the fee prescribed in Annexure 25 in
| terms of the Deeds Registries Act, 1937 (Act No. 47 of
| 1937), issue a certified copy of any quitrent title, bond
| or other document registered in his or her registry,
| upon being satisfied by affidavit substantially in the form
| prescribed in Annexure 26, that the original or any copy
| thereof issued to the holder or owner of such title, bond or
| other document, is lost or destroyed and cannot despite
| diligent search be found, and that it has not been pledged
| as security for debt, or if such original or copy is in his
| or her opinion in an unserviceable condition."; and
|
|(b) by the deletion of subsections (2) and (3).
|
|9. The amendment of annexure 3 by the insertion of the
|following words at the end thereof:
|
|"Registered at...................... on .....................
|
| .............................
| Registrar of deeds".
|
|10. Annexure 25 is hereby repealed.
|
3. (f) The |
Black Areas |
Land |
Regulations, |
Proclamation |
No. R. 188 of |
1969 of the |
former |
self-governing |
territory of |
Lebowa; |
|
|1. The amendment of section 1 -
|
|(a) by the substitution for the definition of 'registrar' of
| the following definition: " 'registrar' includes the
| means a registrar of land titles or an assistant
| registrar of land titles appointed in terms of section 41 by
| the Chief Commissioner referred to in-section 102 of the
| Deeds Registries Act, 1937 (Act No. 47 of 1937);"; and
|
|(b) by the substitution for the definition of 'registered" of
| the following definition :
|
| " 'registered' means registered in the relative deeds
| registry or, in accordance with the provisions of these
| regulations, in a registry of land titles or, in the case
| of land held under a permission to occupy, in an allotments
| register;".
|
|2. The amendment of section 3 -
|
|(a) by the substitution for subsection (2) of the following
| subsection:
|
| "(2) Notwithstanding anything in any other law no transfer
| duty and no fee prescribed in terms of the Deeds Registries
| Act, 1937 (Act No. 47 of 1 937) shall be payable in respect
| of anything done in terms of these regulations in any
| registry of land titles until a date fixed by the Minister
| by notice in the Gazette.".
|
|(b) by the insertion of the following subsection after
| subsection (2):
|
| "(3) Save as is otherwise provided in these regulations
| or the context otherwise indicates, the provisions of the
| Deeds Registries Act,1937 (Act No. 47 of 1937). shall in
| so far as such provisions can be so applied, apply mutatis
| mutandis in relation to all documents registered or filed or
| intended to be registered or filed in a deeds registry in
| terms of these regulations.".
|
|3. The amendment of section 41 -
|
|(a) by the substitution of subsection (1) of the following
| subsection:
|
| "41. (1) There shall be a registry of land titles in the
| office of every Chief Commissioner, in which shall be
| registered All documents relating to immovable property
| granted to or held by Black a person under quitrent
| title in any Black area situate in the respective areas of
| jurisdiction of such Chief Commissioners, and which shall,
| in the case of the Chief Commissioners offices at King
| William's Town and Pietermaritzburg, be a continuation of
| the deeds registries established in their respective offices
| in terms of any law repealed by these regulations
- shall
| be registered in a deeds registry referred to in section 1
| 02 of the Deeds Registries Act, 1937 (Act No. 47 of
| 1937)."; and
|
|(b) by the deletion of subsections (2) and (3).
|
|4. The amendment of section 42 -
|
|(a) by the substitution for the words preceding paragraph (a)
| of subsection (1) of the following words :
|
| "The registrar of land titles shall, unless
| inconsistent with the provisions of the Deeds Registries
| Act, 1937 (Act No. 47 of 1937), subject to the
| provisions of these regulations -";
|
|(b) by the substitution for paragraph (i) of subsection (1) of
| the following paragraph :
|
| "(i) keep such registers, make such entries therein and
| discharge such other duties as may be prescribed by the
| Director-General, and as may be necessary to give effect
| to the provisions of these regulations and for the
| maintenance of an efficient system of registration."; and
|
|(c) by the substitution for subsection (2) of the following
| subsection-,
|
| "(2) The registrar of land titles shall notify the
| registrar of deeds concerned, on registration of every
| grant of land made under quitrent title registered by
| him in terms of section 15(5), and such registrar of
| deeds shall endorse the fact registration of such
| grant against the records of the relative Trust title
| deed, which endorsement shall constitute a bar against
| registration by such registrar of deeds of any transaction
| in respect of the land described in such quitrent title.'.
|
|5. The amendment of section 43 :
|
|(a) by the substitution for the words preceding paragraph (a)
| of the following words:
|
| "The registrar of land titles shall have power-"; and
|
|(b) the substitution for subparagraph (ii) of paragraph (d) of
| the following subparagraph :
|
| "(ii) if any such person refuses to consent thereto, the
| rectification may be made on the authority of the Chief
| Commissioner an order of a local or provincial division
| of the Supreme Court of South Africa;".
|
|6. Section 44 is hereby repealed.
|
|7. The following section is hereby substituted for section 45
|
| "45. Subject to the provisions of section 3(2), or any
| provision to the contrary in these regulations or in any
| other law, the registrar of land titles may, in respect
| of any land which is in terms of any law subject to the
| payment of any tax, rate, charge, fee or duty, or in respect
| of any act, matter or thing the performance or registration
| of which is subject to the payment of any fees of office,
| refuse to perform or register such act, matter or thing
| relating to such land until he or she is satisfied that
| such tax, rate, charge, fee or duty, or such fees of office
| have been paid or that exemption or other discharge from
| payment has been lawfully granted by competent authority.'.
|
|8. The amendment of section 46 -
|
|(a) by the substitution for subsection (1) of the following
| subsection:
|
| "(1) The registrar may in his or her discretion, upon
| payment of the fee prescribed in Annexure 25 in terms
| of the Deeds Registries Act, 1937 (Act No. 47 of 1937),
| issue a certified copy of any quitrent title, bond or other
| document registered in his or her registry, upon being
| satisfied by affidavit substantially in the form prescribed
| in Annexure 26, that the original or any copy thereof issued
| to the holder or owner of such title, bond or other
| document, is lost or destroyed and cannot despite diligent
| search be found, and that it has not been pledged as
| security for debt, or if such original or copy is in his
| or her opinion in an unserviceable condition.'; and
|
|(b) by the deletion of subsections (2) and (3).
|
|9. The amendment of annexure 3 by the insertion of the
|following words at the end thereof:
|
|"Registered at ................. on.......................
|
| ...........................
| Registrar of Deeds".
|
|10. Annexure 25 is hereby repealed.
|
3. (g) The |
Black Areas |
Land Regula- |
tions, Procla- |
mation No. R. |
188 of 1969 of |
the former |
self- governing|
territory of |
Qwaqwa; |
|
|1. The amendment of section 1 -
|
|(a) by the substitution for the definition of 'registrar' of
| the following definition: 'registrar' includes the
| means a registrar of land titles or an assistant
| registrar of land titles appointed in terms of section 41 by
| the Chief Bantu Affairs Commissioner referred to in
| section 102 of the Deeds Registries Act, 1937 (Act No. 47
| of 1937);"; and
|
|(b) by the substitution for the definition of 'registered' of
| the following definition :
|
| " 'registered' means registered in the relative deeds
| registry or, in accordance with the provisions of these
| regulations, in a registry of land titles or, in the case
| of land held under a permission to occupy, in an allotments
| register;".
|
|2. The amendment of section 3 -
|
|(a) by the substitution for subsection (2) of the following
| subsection:
|
| "(2) Notwithstanding anything in any other law no transfer
| duty and no fee prescribed in terms of the Deeds Registries
| Act, 1937 (Act No. 47 of 1937) shall be payable in respect
| of anything done in terms of these regulations in any
| registry of land titles until a date fixed_by the Minister
| by notice in the Gazette.".
|
|(b) by the insertion of the following subsection after
| subsection (2):
|
| "(3) Save as is otherwise provided in these regulations
| or the context otherwise indicates, the provisions of the
| Deeds Registries Act, 1937 (Act No. 47 of 1937), shall in.
| so far as such Provisions can be so applied, apply mutatis
| mutandis in relation to all documents registered or filed or
| intended to be registered or filed in a deeds registry in
| terms of these regulations.".
|
|3. The amendment of section 41 -
|
|(a) by the substitution of subsection (1) of the following
| subsection:
|
| "41. (1) There shall be a registry of land titles in the
| office of every Chief Commissioner, in which shall be
| registered All documents relating to immovable property
| granted to or held by Black a person under quitrent
| title in any Black area situate in the respective areas of
| jurisdiction of such Chief Commissioners, and which shall,
| in the case of the Chief Commissioners offices at King
| William's Town and Pietermaritzburg, be a continuation of
| the deeds registries established in their respective offices
| in terms of any law repealed by these regulations shall
| be registered in a deeds registry referred to in section 102
| of the "Deeds Registries Act, 1937 (Act.No, 47 of 1937).";
| and
|
|(b) by the deletion of subsections (2) and (3).
|
|4. The amendment of section 42 -
|
|(a) by the substitution for the words preceding paragraph (a)
| of subsection (1) of the following words :
|
| "The registrar of land titles shall, unless
| inconsistent with the Provisions of the Deeds Registries
| Act, 1937 (Act No. 47 of 1937), but subject to the
| provisions of these regulations -";
|
|(b) by the substitution for paragraph (i) of subsection (1) of
| the following paragraph :
|
| "(i) keep such registers, make such entries therein and
| discharge such other duties as may be prescribed by the
| Director-General, and as may be necessary to give effect
| to the provisions of these regulations and for the
| maintenance of an efficient system of registration."; and
|
|(c) by the substitution for subsection (2) of the following
| subsection:
|
| "(2) The registrar of land titles shall notify the
| registrar of deeds concerned, on registration of every
| grant of land made under quitrent title registered by
| him in terms of section 15(5), and such registrar of
| deeds shall endorse the fact registration of such
| grant against the records of the relative Trust title
| deed, which endorsement shall constitute a bar against
| registration by such registrar of deeds of any transaction
| in respect of the land described in such quitrent title.'.
|
|5. The amendment of section 43 :
|
|(a) by the substitution for the words preceding paragraph (a)
| of the following words:
|
| "The registrar of land titles shall have power-"; and
|
|(b) the substitution for subparagraph (ii) of paragraph (d) of
| the following subparagraph
|
| "(ii) if any such person refuses to consent thereto, the
| rectification may be made on the authority of the Chief
| Commissioner an order of a local or provincial division
| of the Supreme Court of South Africa;".
|
|6. Section 44 is hereby repealed.
|
|7. The following section is hereby substituted for section 45
|
| "45. Subject to the provisions of section 3(2), or any
| provision to the contrary in these regulations or in any
| other law, the registrar of land titles may, in respect
| of any land which is in terms of any law subject to the
| payment of any tax, rate, charge, fee or duty, or in respect
| of any act, matter or thing the performance or registration
| of which is subject to the payment of any fees of office,
| refuse to perform or register such act, matter or thing
| relating to such land until he or she is satisfied that
| such tax, rate, charge, fee or duty, or such fees of office
| have been paid or that exemption or other discharge from
| payment has been lawfully granted by competent authority.'.
|
|8. The amendment of section 46 -
|
|(a) by the substitution for subsection (1) of the following
| subsection-
|
| "(1) The registrar may in his or her discretion, upon
| payment of the fee prescribed in Annexure 25 in
| terms of the Deeds Registries Act, 1937 (Act No. 47 of
| 1937), issue a certified copy of any quitrent title, bond
| or other document registered in his or her registry,
| upon being satisfied by affidavit substantially in the form
| prescribed in Annexure 26, that the original or any copy
| thereof issued to the holder or owner of such title, bond or
| other document, is lost or destroyed and cannot despite
| diligent search be found, and that it has not been pledged
| as security for debt, or if such original or copy is in his
| or her opinion in an unserviceable condition.'; and
|
|(b) by the deletion of subsections (2) and (3).
|
|9. The amendment of annexure 3 by the insertion of the
|following words at the end thereof:
|
|"Registered at................... on .......................
|
| .......................
| Registrar of Deeds".
|
|10. Annexure 25 is hereby repealed.
|
4. The Sectio- |
nal Titles Act,|
1986 |
|1. The amendment of section 1 by the substitution for the
|definition (Act No. 95 of 1986) of "Minister" of the
|following definition :
|
| "Minister' the Minister of Regional and Land Affairs;".
|
|2. The amendment of section 15 by the substitution for
|subsection (1) of the following subsection :
|
| "(1) Subject to the provisions of this Act or any other
| law, the registrar shall not attest, execute or register any
| deed of transfer, sectional mortgage bond, certificate of
| title or certificate of registration of any kind whatsoever,
| unless it has been prepared by a conveyancer practising
| within the province within which the registry of the
| registrar concerned is situated.".
|
|3. The following section is hereby inserted after section 60 -
|
| Further savings and transitional provisions
|
| 60A. (1) Notwithstanding the repeal of a law mentioned in
| Schedule 2 to Proclamation No. R9 of 1997 (in this section
| referred to as the Proclamation) -
|
|(a) the registration of a sectional plan and the opening of a
| sectional title register in respect of a development scheme
| which was, prior to the date of commencement of the
| Proclamation (in this section referred to as the
| commencement date), already approved by a local authority
| under the provisions of any law mentioned in Schedule 2 to
| the Proclamation shall be completed or exercised in terms
| of the provisions of such law as if it had not been
| repealed: Provided that the application for the
| registration of such a septional plan and the opening of
| such a sectional title register shall be registered within
| a period of twentv-four months after the commencement
| date.
|
|(b) a certificate of real right as contemplated in section 25
| of this Act, shall be issued in respect of a right of
| extension of a building, acquired in terms of the provisions
| of any law mentioned in Schedule 2 to the Proclamation,
| after compliance with the provisions of section 25 of this
| Act : Provided that the contemplated certificate shall only
| be issued -
|
| (i) if the right of extension still vests in the developer:
|
| (ii) on production of a conveyancer's certificate to the
| effect that consent to the extension has been obtained from
| all registered owners of the units and all the mortgagees of
| registered bonds over units in the scheme or, if any person
| refuses to consant, on an order by a local or provincial
| division of the Supreme Court authorising the registrar to
| issue such certificate: and within a period of twenty-four
| months after the commencement date.
|
|(2) The provisions of section 32(1) and (2) of this Act shall
| not affect the participation quota of any section as
| reflected on any relevant sectional plan which was
| registered in terms of any law mentioned in Schedule 2 to
| the Proclamation prior to the commencement date.
|
|(3) Where an owner has, prior to the commencement date,
| acquired, in terms of an agreement or been granted in terms
| of rules made under any law mentioned in Schedule 2 to the
| Proclamation, the right to the exclusive use of a part or
| parts of common property, the body corporate concerned
| shall, if so requested by the owner after the commencement
| date transfer such right to the owner by the registration of
| a notarial deed entered into by the parties, in which the
| body corporate shall represent the owners of all relevant
| sections as transferor.
|
|(4) No provision of this Act shall affect any vested right in
| respect of any exclusive use by an owner of a part or parts
| of common property conferred before the commencement date by
| rules made under any law mentioned in Schedule 2 to the
| Proclamation or any other vested right granted or obtained
| in terms of such law, or arising from any agreement
| concluded before the commencement date.
|
|(5) Any reference in any law or document to a body corporate
| established in terms of any law mentioned in Schedule 2 to
| the Proclamation as a "Controlling Body" shall, after the
| commencement date, be construed as a reference to a 'Body
| Corporate" referred to in section 36(3) of this Act.
|
|(6) Rules decided on by unanimous resolution under any law
| mentioned in Schedule 2 to the Proclamation before the
| commencement date replacing rules contained in a schedule to
| such law, and at the said date not yet lodged with the
| registrar in terms of the provisions of such law, may be
| lodged within a period of twelve months after that date in
| terms of the said law as if that law had not been repealed
| by the Proclamation, and shall, where not so lodge within
| the said period, lapse and be deemed in any such case to
| have been replaced, subject to addition, amendment or repeal
| as contemplated in section 35(2)(a) of this Act, by
| prescribed management rules contemplated in the
| last-mentioned section.
|
|(7) Subject to the provisions of subsection (4) of this
| section -
|
|(a) unaltered rules contained in a schedule to any law mentioned
| in Schedule 2 to the Proclamation and applying immediately
| prior to the commencement date in respect of any scheme,
| shall lapse on that date, and such rules shall be deemed to
| be replaced, subject to addition, amendment or repeal as
| contemplated in section 35(2)(a) of this Act, by prescribed
| management rules contemplated in the last-mentioned section;
| and
|
|(b) unaltered rules contained in a schedule to any law mentioned
| in Schedule 2 to the Proclamation and so applying in respect
| of any scheme, shall lapse on that date, and such rules
| shall be deemed to be replaced, subject to addition,
| amendment or repeal as contemplated in section 35(2)(b) of
| this Act, by prescribed conduct rules contemplated in the
| last-mentioned section.
|
|(8) Subject to the provisions of subsection (4) of this section,
| any rules other than rules referred to in subsection (7) of
| this section, applying in respect of a scheme immediately
| prior to the commencement date, shall subject to such
| substitution, addition, amendment or repeal as contemplated
| in paragraph (a) or (b) of section 35(2) of this Act, as the
| case may be, remain in force after the said date, except to
| the extent that any such rule may be inconsistent with any
| prescribed management rule contemplated in section
| 35(2)(a), in which case the management rule concerned shall
| apply: Provided that any such rules shall as from the
| commencement date be deemed to be supplemented by any rule
| for which it does not make provision but for which provision
| is made in the prescribed rules.
|
|(9) Subject to the provisions of this section, anything done
| under a provision of a law mentioned in Schedule 2 to the
| Proclamation and repealed by that Proclamation shall be
| deemed to have been done under the corresponding provision
| of this Act.".
|
5. The Venda |
Land Affairs |
Proclamation, |
1990 |
(Proclamation |
No. 45 of |
1990) |
|The amendment of section 2 -
|
|(a) by the substitution of the definition of "board" of the
| following definition:
|
| " 'board' means the Registration Office Regulations
| Board deeds registries regulations board established
| by section 38 9 of the Deeds Registries Act, 1937 (Act
| No. 47 of 1937).";
|
|(b) by the substitution for the definition of 'conveyancer' of
| the following definition :
|
| " 'conveyancer' means in any deeds registry a person
| practising as such in the area within which that deeds
| registry or registration office is situate a
| conveyancer as defined in section 102 of the Deeds
| Registries Act, 1937 (Act No. 47 of 1937);"; and
|
|(c) by the deletion of the definitions of "registration office'
| and "registration officer".
|
|2. The amendment of section 10 -
|
|(a) by the substitution for paragraph (a) of subsection (1) of
| the following paragraph :
|
| "(a) applying in the manner prescribed by the board to
| the registration officer concerned registrar for
| such transfer, and';
|
|(b) by the substitution for paragraph (b) of subsection (1) of
| the following paragraph
|
| "(b) lodging with such registration officer
| registrar-
|
| (i) a deed of transfer prepared by a conveyancer in the
| form prescribed in Schedule II under the Deeds
| Registries Act, 1937, (Act No. 47 of 1937) for execution in
| the presence of the registrar by the registration officer or
| by a conveyancer authorised by power of attorney to act on
| behalf of the registration officer;
|
| (ii) the deed of grant concerned; and
|
| (iii) all mortgage bonds, leases, deeds of servitude and
| other deeds or documents which are registered in the
| registration office and which relate to such deed of grant
| rights.';
|
|(c) by the substitution for subsection (2) of the following
| section:
|
| "(2) The registration officer registrar shall,
| after being furnished with the deeds and documents referred
| to in subsection (1)
|
| (a) submit to the registrar for registration together -
|
| (i) the deed of transfer referred to in subsection
| (1)(b)(i);
|
| (ii) the bonds, leases, deeds and documents referred to
| in subsection (1 ) (b) (iii);
|
|(b) execute such deed of transfer or cause it to be executed on
| his behalf, as contemplated in subsection (1)(b)(i);
|
|(c) inform the registrar of all attachments, interdicts,
| caveats and charges, including charges referred to in
| section 40(1)(g), which are recorded in the registration
| office and which affect the deed of grant rights
| concerned.";
|
|execute such deed of transfer and make the necessary
|endorsements and entries on the documents produced as well as
|in his or her registers and other documents to give effect to
|the application."; and
|
|(d) by the deletion of subsections (3), (4), (6) and (7).
|
|3. The amendment of section 13 -
|
|(a) by the deletion of subsections (1) and (2);
|
|(b) by the substitution for subsection (3) of the following
| subsection :
|
| "(3) Deed of grant rights and mortgages and other real
| rights in respect of deed of grant rights shall be
| registered in an office established under subsection (1)
| a deeds registry referred to in section 102 of the Deeds
| Registries Act, 1937 (Act No. 47 of 1937), in such manner
| as may be prescribed by the board";
|
|(c) by the substitution for subsection (4) of the following
| subsection :
|
| "(4) Unless it is otherwise provided in this Proclamation
| or the regulations, the provisions of the Deeds Registries
| Act, 1937 (Act No. 47 of 1937), shall mutatis mutandis
| apply in relation to all documents registered or filed or
| intended to be registered or filed in relation to deed of
| grant rights or any registrable transaction in respect of
| deed of grant rights.';
|
|(d) by the deletion of subsection (5); and
|
|(e) by the substitution for subsection (6) of the following
| subsection :
|
| "(6) Deeds of grant of land shall be issued by the
| Department of Land Tenure and Local Government and
| Traditional Authorities and shall be signed by the
| registration officer or any other officer in that Department
| authorized by the councillor to sign deeds of grant and on
| behalf of the registration officer a duly authorised
| officer.".
|
|4. The amendment of section 21 by the substitution for
|subsection (4) of the following subsection :
|
| "(4) If a person contemplated in subsection (1)(b) holds
| rights referred to in section 27(1) or (5) which have been
| ceded as security for the performance of an obligation and
| the owner of the land is furnished before registration of
| deed of grant rights in terms of subsection (1)(b) with the
| agreement of obligation and cession or with a mortgage bond
| hypothecating the deed of grant rights in favour of the
| cessionary as security for the performance of such
| obligation, such owner shall lodge such agreement or
| mortgage bond, as the case may be, with the registration
| officer registrar for registration with the deed of
| grant rights and the registration officer registrar
| shall simultaneously with registration of the deed of grant
| rights register against such rights such mortgage bond or,
| as the case may be, such agreement as if it were a mortgage
| bond hypothecating the deed of grant rights in favour of the
| cessionary.".
|
|5. The amendment of section 30 by the substitution for
|subsection (2) of the following subsection :
|
| "(2) The registrar or registration officer in so far as
| it relates to occupational rights contemplated in Chapter XI
| of this Act, as the case may be, shall on application
| by or on behalf of an owner or holder referred to in
| subsection (1), and on production of the relevant title
| deed, deed of grant or permission to occupy, endorse the
| fact of such lapsing on such title deed, deed of grant or
| permission to occupy.'.
|
|6. The amendment of section 32 by the substitution for
|subsection (4) of the following subsection :
|
| "(4) If the occupier is not the person named as the person
| entitled to be registered as the owner or holder and if the
| land investigator is satisfied that such occupier has bona
| fide effected necessary or useful improvements on the land,
| the land investigator shall assess the value of the
| improvements, and may appoint a valuer or any other person
| to assist is such assessment, and no registration in favour
| of the person entitled to be registered as the owner or
| holder shall be made until the land investigator has
| certified to the registrar or registration officer, as the
| case may be, that the amount assessed has been paid or
| secured for the benefit of the occupier.'.
|
|7. Section 39 of the Venda Land Affairs Proclamation, 1990 is
|hereby repealed.
|
|8. The amendment of section 40 -
|
|(a) by the deletion of paragraphs (a), (b), (c) and (f) of
| subsection (1);
|
|(b) by the substitution for subsection (3) of the following
| subsection:
|
| "(3) With the approval of the Councillor Minister of
| Land Affairs the board may make regulations without
| holding a meeting, if such regulations have been agreed to
| by all the members of the board.';
|
|(c) by the substitution for subsection (4) of the following
| subsection:
|
| "(4) No regulation made by the board shall take effect
| unless it has been approved by the Councillor Minister
| of Land Affairs and has been published in the Government
| Gazette at least one month before the date specified in the
| notice so published as the date of commencement thereof.".
|
|9. The amendment of section 41 by the substitution for
|paragraph (a) of subsection (1) of the following paragraph :
|
| "(a) the disposal of government land, including the
| conditions of such disposal and the forms and execution of
| agreements and title deeds;".
|
|10. The amendment of section 42 by the substitution for
|subregulation (1) of the following section :
|
| "(1) The laws mentioned in the Schedule I are hereby
| repealed or amended to the extent indicated in the third
| column thereof.".
|
|11. The schedule to the Act is hereby numbered as "Schedule
|I".
|
|12. The following schedule is hereby inserted after Schedule I
|
| "Schedule II
| Prepared by me
|
| .....................
| CONVEYANCER
|
| .....................
| (State surname and initials in block letters)
|
| Deed of Transfer
|
|By virtue of section ten of the Venda Land Affairs
|Proclamation, 1990 (Proclamation No. 45 of 1990).
|
|Be it hereby made known :
|
|That whereas a town register has been opened in respect of the
|grant rights held under deed of grant No. .... I, the
|Registrar at................. by virtue thereof, cede and
|transfer in full and free property to and on behalf of
|...................................... heirs, executors,
|administrators, or assigns, certain (describe the property,
|giving name, number, registration division, administrative
|district and observe the regulations relative to extending
|clause and conditions) and that by virtue hereof the said
|................................... heirs executors,
|administrators, or assigns, now is and henceforth
|shall be entitled thereto conformably to local custom, the
|State, however, reserving its rights.
|
|In witness whereof 1, the said Registrar, have subscribed to
|these presents, and have caused the seal of office to be
|affixed thereto.
|
|Thus done and executed at the Office of the at...............
|on this................... day of......... in the year of Our
|Lord, One thousand Nine hundred and .........................
|
| .......................
| Registrar of Deeds".
|
6. The KwaZulu |
Land Affairs |
Act, 1992 (Act |
No. 11 of |
1992) |
|1. The amendment of section 1-
|
|(a) by the substitution of the definition of "board" of the
| following definition:
|
| " 'board' means the registration office deeds
| registries regulations board established by section 35
| 9 of the Deeds Registries Act, 1937 (Act No. 47 of
| 1937),"; and
|
|(b) by the deletion of the definitions of 'registration office'
| and registration officer".
|
|2. The amendment of section 9 -
|
|(a) by the substitution for paragraph (a) of subsection (1) of
| the following paragraph :
|
| "(a) applying in the manner prescribed by the board to
| the registration officer concerned Registrar for
| such transfer";
|
|(b) by the substitution for paragraph (b) of subsection (1) of
| the following paragraph :
|
| "(b) lodging with such registration officer
| registrar -
|
|(i) a deed of transfer prepared by a conveyancer in the form
|prescribed in Schedule II under the Deeds Registries Act,
|1937, for execution in the presence of the Registrar by the
|registration officer or by a conveyancer authorised by power of
|attorney to act on behalf of the registration officer;
|
|(ii) the deed of grant concerned; and
|
|(iii) all mortgage bonds, leases, deeds of servitude and other
|deeds or documents which are registered in the registration
|office and which relate to such deed of grant rights.';
|
|(c) by the substitution for subsection (2) of the following
|section:
|
|
|"(2) The registration officer Registrar shall, after
|being furnished with the deeds and documents referred to in
|subsection (1)
|
|(a) submit to the registrar for registration together -
|
|(i) the deed of transfer referred to in subsection (1)(b)(i);
|
|(ii) the bonds, leases, deeds and documents referred to in
|subsection (1)(b)(iii);
|
|(b) execute such deed of transfer or cause it to be executed on
|his behalf, as contemplated in subsection (1)(b)(i);
|
|(c) inform the registrar of all attachments, interdicts,
|caveats and charges, including charges referred to in section
|40(1)(g), which are recorded in the registration office and
|which affect the deed of grant rights concerned.";
|
|execute such deed of transfer and make the necessary
|endorsements and entries on the documents produced as well as
|in his or her registers and other documents to give effect to
|the application.";
|
|(d) by the deletion of subsections (3), (4), (6) and (7).
|
|3. The amendment of section 1 1 -
|
|(a) by the deletion of subsections (1) and (2);
|
|(b) by the substitution for subsection (3) of the following
|subsection :
|
|"(3) Deed of grant rights and mortgages and other real rights
|in respect of deed of grant right shall be registered in an
|office established under subsection (1) a deeds registry
|referred-to in section 102 of the Deeds Registries Act. 1937
|(Act No. 47 of 1937), in such manner as may be prescribed by
|the board.";
|
|(c) by the substitution for subsection (4) of the following
|subsection :
|
|"(4) Unless it is otherwise provided in this Act or the
|regulations, the provisions of the Deeds Registries Act, 1937
|(Act No. 47 of 1937), shall mutatis mutandis apply in
|relation to all documents registered or filed or intended to be
|registered or filed in relation to deed of grant rights or
|any registerable transaction in respect of deed of grant
|rights."; and
|
|(d) by the repeal of subsection (5).
|
|4. The amendment of section 19 by the substitution for
|subsection (4) of the following subsection
|
|(4) If a person contemplated in subsection (1)(b) holds rights
|referred to in section 25(1) or (5) which have been ceded as
|security for the performance of an obligation and the owner of
|the land is furnished before registration of deed or grant
|rights with the agreement of obligation and cession or with a
|mortgage bond hypothecating the deed of grant rights in favour
|of the cessionary as security for the performance of such
|obligation, such owner shall lodge such agreement or mortgage
|bond, as the case may be, with the registration officer
|Registrar for registration with the deed of grant rights
|and the registration officer Registrar shall
|simultaneously with registration of
|
|the deed of grant rights register against such rights such
|mortgage bond or, as the case may be, such agreement as if it
|were a mortgage bond hypothecating the deed of grant rights in
|favour of the cessionary.".
|
|5. The amendment of section 30 -
|
|(a) by the substitution for subsection (2) of the following
|subsection :
|
|"(2) A certificate by the investigator in the form prescribed
|by the board that a named person is entitled to be registered
|as the owner or holder of specified land or rights contemplated
|in section 29(1) shall, without it being necessary to pass
|transfer to any intermediate owner or holder, be sufficient
|authority for registration in the deeds registry or
|registration office, as the case may be, of such person as the
|lawful owner or holder.'; and
|
|(b) by the substitution for subsection (4) of the following
|subsection :
|
|"(4) If the occupier is not the person entitled to be
|registered as the owner or holder and if the investigator is
|satisfied that such occupier has bona fide effected necessary
|or useful improvements on the land, the land investigator shall
|assess the value of the improvements, and may appoint a valuer
|or any other person to assist in such assessment, and no
|registration in favour of the person entitled to be registered
|as the owner or holder shall be made until the investigator has
|certified to the Registrar or registration officer, as the
|case may be, that the amount assessed has been paid or
|secured for the benefit of the occupier.'.
|
|6. Section 35 is hereby repealed.
|
|7. The amendment of section 36 -
|
|(a) by the deletion of paragraphs (a), (b), (c) and (f) of
|subsection (1);
|
|(b) by the substitution for subsection (3) of the following
|subsection :
|
|"(3) With the approval of the Minister of Land Affairs the
|board may make regulations without holding a meeting, if such
|regulations have been agreed to by all the members of the
|board.";
|
|(c) by the substitution for subsection (4) of the following
|subsection
|
|"(4) No regulation made by the board shall take effect unless
|it has been approved by the Minister of Land Affairs and
|has been published in the Official Government Gazette
|at least one month before the date specified in the notice so
|published as the date of commencement thereof.'.)
|
|8. The amendment of section 37 by the substitution for
|paragraph (a) of subsection (1) of the following paragraph :
|
|'(a) the disposal of Government land, including the conditions
|of such disposal and the forms to be used for agreements and
|title deeds;".
|
|9. The amendment of section 39 by the substitution for
|subsection (1) of the following subsection :
|
|"(1) The laws mentioned in the Schedule I are hereby
|repealed to the extent indicated in the third column thereof.".
|
|10. The schedule to the Act is hereby numbered as Schedule I.
|
|I 1. The following schedule is hereby inserted after Schedule I
|
|'Schedule II Prepared by me
|............................................. CONVEYANCER
|
|............................................. (State surname
|and initials in block letters)
|
|Deed of Transfer
|
|By virtue of section nine of the KwaZulu Land Affairs Act,
|1992 (Act No. 11 of 1992).
|
|Be it hereby made known :
|
|That whereas a township register has been opened in respect of
|the grant rights held under deed of grant No. .... 1, the
|Registrar at by virtue thereof, cede and transfer in full and
|free property to and on behalf of ...... heirs, executors,
|administrators, or assigns, certain (describe the property,
|giving name, number, registration division, administrative
|district and observe the regulations relative to extending
|clause and conditions) and that by virtue hereof the said heirs
|executors, administrators, or assigns, now is and henceforth
|shall be entitled thereto conformably to local custom, the
|State, however, reserving its rights.
|
|In witness whereof I, the said Registrar, have subscribed to
|these presents, and have caused the seal of office to be
|affixed thereto.
|
|Thus done and executed at the Office of the at
|........................ on this day of in the year of Our
|Lord, One thousand Nine hundred and ...................
|............................................... Registrar of
|Deeds".
_______________|________________________________________________________________
SCHEDULE 2
________________________________________________________________________________
No. and year of | Short Title |Extent of
Act | |Repeal
__________________|___________________________________________________|_________
| BOPHUTHATSWANA |
__________________|___________________________________________________|_________
| |
Act No. 47 of 1937|Bophuthatswana Deeds Registries Act, 1937 |The whole
| |
Act No. 15 of 1953|Bophuthatswana Deeds Registries Amendment Act, 1953|The whole
| |
Act No. 50 of 1956|Bophuthatswana General Law Amendment Act, 1956 |Sections 14 and
| |15
| |
Act No. 43 of 1957|Bophuthatswana Deeds Registries Amendment Act, 1957|The whole
| |
Act No. 43 of 1962|Bophuthatswana Deeds Registries Amendment Act, 1962|The whole
| |
Act No. 80 of 1964|Bophuthatswana General Law Amendment Act, 1964 |Sections 4 and
| |5
| |
Act No. 87 of 1965|Bophuthatswana Deeds Registries Amendment Act, 1965|The whole
| |
Act No. 61 of 1969|Bophuthatswana Deeds Registries Amendment Act, 1969|The whole
| |
Act No. 66 of 1971|Bophuthatswana Sectional Titles Act, 1971 |The whole
| |
Act No. 71 of 1972|Bophuthatswana Land Survey Amendment Act, 1972 |Section 17
| |
Act No. 16 of 1977|Bophuthatswana Deeds Registries Amendment Act, 1977|The whole
| |
Act No. 4 of 1981 |Bophuthatswana Deeds Registries Amendment Act, 1981|The whole
__________________|___________________________________________________|______________
| CISKEI |
__________________|___________________________________________________|______________
Act No. 47 of 1937|Ciskei Deeds Registries Act, 1937 |The whole
| |
Act No. 15 of 1953|Ciskei Deeds Registries Amendment Act, 1953 |The whole
| |
Act No. 50 of 1956|Ciskei General Law Amendment Act, 1956 |Sections 14 and
| |15
| |
Act No. 43 of 1957|Ciskei Deeds Registries Amendment Act, 1957 |The whole
| |
Act No. 43 of 1962|Ciskei Deeds Registries Amendment Act, 1962 |The whole
| |
Act No. 80 of 1964|Ciskei General Law Amendment Act, 1964 |Sections 4 and
| |5
| |
Act No. 87 of 1965|Ciskei Deeds Registries Amendment Act, 1965 |The whole
| |
Act No. 61 of 1969|Ciskei Deeds Registries Amendment Act, 1969 |The whole
| |
Act No. 66 of 1971|Ciskei Sectional Titles Act, 1971 |The whole
| |
Act No. 3 of 1972 |Ciskei Deeds Registries Amendment Act, 1972 |The whole
| |
Act No. 71 of 1972|Ciskei Land Survey Amendment Act, 1972 |Section 17
| |
Act No. 19 of 1981|Ciskeian Deeds Registries Amendment Act, 1981 |The whole
| |
Act No. 19 of 1982|Ciskei Deeds Registries Amendment Act, 1982 |The whole
| |
Act No. 29 of 1983|Ciskei Deeds Registry Amendment Act, 1983 |The whole
| |
Act No. 45 of 1984|Ciskei Sectional Titles Amendment Act, 1984 |The whole
| |
Act No. 24 of 1987|Ciskei Sectional Titles Amendment Act, 1987 |The whole
| |
Decree No. 6 of | |
1994 |Ciskei Deeds Registries Amendment Decree, 1994 |The whole
__________________|___________________________________________________|______________
| GAZANKULU |
__________________|___________________________________________________|______________
Act No. 47 of 1937|Gazankulu Deeds Registries Act, 1937 |The whole
| |
Act No. 15 of 1953|Gazankulu Deeds Registries Amendment Act, 1953 |The whole
| |
Act No. 50 of 1956|Gazankulu General Law Amendment Act, 1956 |Sections 14 and
| |15
| |
Act No. 43 of 1957|Gazankulu Deeds Registries Amendment Act, 1957 |The whole
| |
Act No. 43 of 1962|Gazankulu Deeds Registries Amendment Act, 1962 |The whole
| |
Act No. 80 of 1964|Gazankulu General Law Amendment Act, 1964 |Sections 4 and
| |5
| |
Act No. 87 of 1965|Gazankulu Deeds Registries Amendment Act, 1965 |The whole
| |
Act No. 61 of 1969|Gazankulu Deeds Registries Amendment Act, 1969 |The whole
| |
Act No. 66 of 1971|Gazankulu Sectional Titles Act, 1971 |The whole
| |
Act No. 3 of 1972 |Gazankulu Deeds Registries Amendment Act, 1972 |The whole
| |
Act No. 71 of 1972|Gazankulu Land Survey Amendment Act, 1972 |Section 17
| |
Act No. 7 of 1993 |Gazankulu Deeds Registries Amendment Act, 1993 |The whole
__________________|___________________________________________________|______________
| KANGWANE |
__________________|___________________________________________________|______________
Act No. 47 of 1937|KaNgwane Deeds Registries Act, 1937 |The whole
| |
Act No. 15 of 1953|KaNgwane Deeds Registries Amendment Act, 1953 |The whole
| |
Act No. 50 of 1956|KaNgwane General Law Amendment Act, 1956 |Sections 14 and
| |15
| |
Act No. 43 of 1957|KaNgwane Deeds Registries Amendment Act, 1957 |The whole
| |
Act No. 43 of 1962|KaNgwane Deeds Registries Amendment Act, 1962 |The whole
| |
Act No. 80 of 1964|KaNgwane General Law Amendment Act, 1964 |Sections 4 and
| |5
| |
Act No. 87 of 1965|KaNgwane Deeds Registries Amendment Act, 1965 |The whole
| |
Act No. 61 of 1969|KaNgwane Deeds Registries Amendment Act, 1969 |The whole
| |
Act No. 66 of 1971|KaNgwane Sectional Titles Act, 1971 |The whole
| |
Act No. 3 of 1972 |KaNgwane Deeds Registries Amendment Act, 1972 |The whole
| |
Act No. 71 of 1972|KaNgwane Land Survey Amendment Act, 1972 |Section 17
| |
Act No. 62 of 1973|KaNgwane General Law Amendment Act, 1973 |Sections 7,8,9
| |and 10
| |
Act No. 29 of 1974|KaNgwane General Law Amendment Act, 1974 |Section 10
| |
Act No. 57 of 1975|KaNgwane General Law Amendment Act, 1975 |Sections 9 and
| |12
| |
Act No. 1 of 1977 |KaNgwane Sectional Titles Amendment Act, 1977 |The whole
| |
Act No. 41 of 1977|KaNgwane Deeds Registries Amendment Act, 1977 |The whole
| |
Act No. 92 of 1978|KaNgwane Deeds Registries Amendment Act, 1978 |The whole
| |
Act No. 44 of 1980|KaNgwane Deeds Registries Amendment Act, 1980 |The whole
| |
Act No. 54 of 1980|KaNgwane Sectional Titles Amendment Act, 1980 |The whole
| |
Act No. 12 of 1981|KaNgwane Sectional Titles Amendment Act, 1981 |The whole
| |
Act No. 27 of 1982|KaNgwane Deeds Registries Amendment Act, 1982 |The whole
| |
Act No. 77 of 1983|KaNgwane Sectional Titles Amendment Act, 1983 |The whole
__________________|___________________________________________________|______________
| KWANDEBELE |
__________________|___________________________________________________|______________
Act No. 47 of 1937|KwaNdebele Deeds Registries Act, 1937 |The whole
| |
Act No. 15 of 1953|KwaNdebele Deeds Registries Amendment Act, 1953 |The whole
| |
Act No. 50 of 1956|KwaNdebele General Law Amendment Act, 1956 |Sections 14 and
|15 |
| |
Act No. 43 of 1957|KwaNdebele Deeds Registries Amendment Act, 1957 |The whole
| |
Act No. 43 of 1962|KwaNdebele Deeds Registries Amendment Act, 1962 |The whole
| |
Act No. 80 of 1964|KwaNdebele General Law Amendment Act, 1964 |Sections 4 and
| |5
| |
Act No. 87 of 1965|KwaNdebele Deeds Registries Amendment Act, 1965 |The whole
| |
Act No. 61 of 1969|KwaNdebele Deeds Registries Amendment Act, 1969 |The whole
| |
Act No. 66 of 1971|KwaNdebele Sectional Titles Act, 1971 |The whole
| |
Act No. 3 of 1972 |KwaNdebele Deeds Registries Amendment Act, 1972 |The whole
| |
Act No. 71 of 1972|KwaNdebele Land Survey Amendment Act, 1972 |Section 17
| |
Act No. 62 of 1973|KwaNdebele General Law Amendment Act, 1973 |Sections 7,8,9
| |and 10
| |
Act No. 29 of 1974|KwaNdebele General Law Amendment Act, 1974 |Section 10
| |
Act No. 57 of 1975|KwaNdebele General Law Amendment Act, 1975 |Sections 9 and
| |12
| |
Act No. 1 of 1977 |KwaNdebele Sectional Titles Amendment Act, 1977 |The whole
| |
Act No. 41 of 1977|KwaNdebele Deeds Registries Amendment Act, 1977 |The whole
| |
Act No. 92 of 1978|KwaNdebele Deeds Registries Amendment Act, 1978 |The whole
| |
Act No. 44 of 1980|KwaNdebele Deeds Registries Amendment Act, 1980 |The whole
| |
Act No. 54 of 1980|KwaNdebele Sectional Titles Amendment Act, 1980 |The whole
| |
Act No. 12 of 1981|KwaNdebele Sectional Titles Amendment Act, 1981 |The whole
| |
Act No. 27 of 1982|KwaNdebele Deeds Registries Amendment Act, 1982 |The whole
| |
Act No. 77 of 1983|KwaNdebele Sectional Titles Amendment Act, 1983 |The whole
| |
Act No. 6 of 1988 |KwaNdebele Deeds Registries Amendment Act, 1988 |The whole
| |
Act No. 5 of 19921|KwaNdebele Deeds Registries Amendment Act, 1992 |The whole
__________________|___________________________________________________|______________
| KWAZULU |
__________________|___________________________________________________|______________
Act No. 47 of 1937|KwaZulu Deeds Registries Act, 1937 |The whole
| |
Act No. 15 of 1953|KwaZulu Deeds Registries Amendment Act, 1953 |The whole
| |
Act No. 50 of 1956|KwaZulu General Law Amendment Act, 1956 |Sections 14 and
| |15
| |
Act No. 43 of 1957|KwaZulu Deeds Registries Amendment Act, 1957 |The whole
| |
-Act No. 43 of 196|KwaZulu Deeds Registries Amendment Act, 1962 |The whole
| |
Act No. 80 of 1964|KwaZulu General Law Amendment Act, 1964 |Sections 4 and
| |5
| |
Act No. 87 of 1965|KwaZulu Deeds Registries Amendment Act, 1965 |The whole
| |
Act No. 61 of 1969|KwaZulu Deeds Registries Amendment Act, 1969 |The whole
| |
Act No. 66 of 1971|KwaZulu Sectional Titles Act, 1971 |The whole
| |
Act No. 3 of 1972 |KwaZulu Deeds Registries Amendment Act, 1972 |The whole
| |
Act No. 71 of 1972|KwaZulu Land Survey Amendment Act, 1972 |Section 17
| |
Act No. 62 of 1973|KwaZulu General Law Amendment Act, 1973 |Sections 7,8,9
| |and 10
| |
Act No. 29 of 1974|KwaZulu General Law Amendment Act, 1974 |Section 10
| |
Act No. 57 of 1975|KwaZulu General Law Amendment Act, 1975 |Sections 9 and
| |12
| |
Act No. 1 of 1977 |KwaZulu Sectional Titles Amendment Act, 1977 |The whole
| |
Act No. 4 of 1981 |KwaZulu Deeds Registries Amendment Act, 1981 |The whole
| |
Act No. 15 of 1989|KwaZulu Deeds Registries Amendment Act, 1989 |The whole
__________________|___________________________________________________|______________
| LEBOWA |
__________________|___________________________________________________|______________
Act No. 47 of 1937|Lebowa Deeds Registries Act, 1937 |The whole
| |
Act No. 15 of 1953|Lebowa Deeds Registries Amendment Act, 1953 |The whole
| |
Act No. 50 of 1956|Lebowa General Law Amendment Act, 1956 |Sections 14 and
| |15
| |
Act No. 43 of 1957|Lebowa Deeds Registries Amendment Act, 1957 |The whole
| |
Act No. 43 of 1962|Lebowa Deeds Registries Amendment Act, 1962 |The whole
| |
Act No. 80 of 1964|Lebowa General Law Amendment Act, 1964 |Sections 4 and
| |5
| |
Act No. 87 of 1965|Lebowa Deeds Registries Amendment Act, 1965 |The whole
| |
Act No. 61 of 1969|Lebowa Deeds Registries Amendment Act, 1969 |The whole
| |
Act No. 66 of 1971|Lebowa Sectional Titles Act, 1971 |The whole
| |
Act No. 3 of 1972 |Lebowa Deeds Registries Amendment Act, 1972 |The whole
| |
Act No. 6 of 1992 |Lebowa Deeds Registries Amendment Act, 1992 |The whole
__________________|___________________________________________________|______________
| QWAQWA |
__________________|___________________________________________________|______________
Act No. 47 of 1937|Qwaqwa Deeds Registries Act, 1937 |The whole
| |
Act No. 15 of 1953|Qwaqwa Deeds Registries Amendment Act, 1953 |The whole
| |
Act No. 50 of 1956|Qwaqwa General Law Amendment Act, 1956 |Sections 14 and
| |15
| |
Act No. 43 of 1957|Qwaqwa Deeds Registries Amendment Act, 1957 |The whole
| |
Act No. 43 of 1962|Qwaqwa Deeds Registries Amendment Act, 1962 |The whole
| |
Act No. 80 of 1964|Qwaqwa General Law Amendment Act, 1964 |Sections 4 and
| |5
| |
Act No. 87 of 1965|Qwaqwa Deeds Registries Amendment Act, 1965 |The whole
| |
Act No. 61 of 1969|Qwaqwa Deeds Registries Amendment Act, 1969 |The whole
| |
Act No. 66 of 1971|Qwaqwa Sectional Titles Act, 1971 |The whole
| |
Act No. 15 of 1979|Venda Deeds Registries Amendment Act, 1979 |The whole
| |
Proclamation 45 of|Venda Land Affairs Proclamation, 1990 |Section 33
1990 | |
| |
Act No. 3 of 1972 |Qwaqwa Deeds Registries Amendment Act, 1972 |The whole
| |
Act No. 10 of 1988|Qwaqwa Deeds Registries Amendment Act, 1988 |The whole
| |
Act No. 4 of 1993 |Qwaqwa Deeds Registries Amendment Act, 1993 |The whole
__________________|___________________________________________________|______________
| TRANSKEI |
__________________|___________________________________________________|______________
Act No. 47 of 1937|Transkei Deeds Registries Act, 1937 |The whole
| |
Act No. 15 of 1953|Transkei Deeds Registries Amendment Act, 1953 |The whole
| |
Act No. 50 of 1956|Transkei General Law Amendment Act, 1956 |Sections 14, 15
| |
Act No. 43 of 1957|Transkei Deeds Registries Amendment Act, 1957 |The whole
| |
Act No. 4 of 1962 |Transkei Deeds Registries Amendment Act, 1962 |The whole
| |
Act No. 80 of 1964|Transkei General Law Amendment Act, 1964 |Sections 4, 5
| |
Act No. 87 of 1965|Transkei Deeds Registries Amendment Act, 1965 |The whole
| |
Act No. 61 of 1969|Transkei Deeds Registries Amendment Act, 1969 |The whole
| |
Act No. 66 of 1971|Transkei Sectional Titles Act, 1971 |The whole
| |
Act No. 3 of 1972 |Transkei Deeds Registries Amendment Act, 1972 |The whole
| |
Act No. 71 of 1972|Transkei Land Survey Amendment Act, 1972 |Section 17
| |
Act No. 62 of 1973|Transkei General Law Amendment Act, 1973 |Sections 7,8,9
| |and 10
| |
Act No. 29 of 1974|Transkei General Law Amendment Act, 1974 |Section 10
| |
Act No. 57 of 1975|Transkei General Law Amendment Act, 1975 |Sections 9, 12
| |
Act No. 7 of 1976 |Transkei Deeds Registries Amendment Act, 1976 |The whole
| |
Act No. 13 of 1976|Transkeian Deeds Registries Further Amendment Act, |The whole
|1976 |
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| VENDA |
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Act No. 47 of 1937|Venda Deeds Registries Act, 1937 |The whole
| |
Act No. 15 of 1953|Venda Deeds Registries Amendment Act, 1953 |The whole
| |
Act No. 50 of 1956|Venda General Law Amendment Act, 1956 |Sections 14 and
| |15
| |
Act No. 43 of 1957|Venda Deeds Registries Amendment Act, 1957 |The whole
| |
Act No. 43 of 1962|Venda Deeds Registries Amendment Act, 1962 |The whole
| |
Act No. 80 of 1964|Venda General Law Amendment Act, 1964 |Sections 4, 5
| |
Act No. 87 of 1965|Venda Deeds Registries Amendment Act, 1965 |The whole
| |
Act No. 61 of 1969|Venda Deeds Registries Amendment Act, 1969 |The whole
| |
Act No. 66 of 1971|Venda Sectional Titles Act, 1971 |The whole
| |
Act No. 3 of 1972 |Venda Deed Registries Amendment Act, 1972 |The whole
| |
Act No. 71 of 1972|Venda Land Survey Amendment Act, 1972 |Section 17
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SCHEDULE 3
Beginning at the point where the prolongation of the western boundary of the
farm Geluk 42-HN meets the middle of the Vaal River; thence generally
northwards and north-eastwards along the boundaries of the following farms to
include them in this area:
the said Geluk 42-HN, Diamantvlakte 41-HN, Guldenskat 36-HO, Mooiplaats
28-HO, Herminie 27-HO, Surrey 26-HO, Eersteregt 289-HO, Aden 288-HO,
Kareeboomput 286-HO, Koppie Enkel 284-HO, Koppie Enkel 282-HO, Armoedsvlakte
281 -HO, Uitkyk 256-HO, Kareepan 255-HO, Smitskraal 254-HO, Amsterdam 129-HO,
Honeys Kop 126- HO, Klipplaat 125-HO, Louwsvlakte 25-HN, Braklaagte 24-HN,
Fouriesgraf 23-HN, Pudumong 22-HN, Zwartkoppies 21-HN, Donkerpoort 20-HN,
Rosenburg 19-HN, Botmanspoort 12-HN, Vlaklaagte 11-HN, Tochgekregen 10-HN,
Wolhuterskop 4-HN, Schoonheid 2-HN, Strydvlakte 3-HN, Marokane 1-HN,
Honingspruit 32-HO, Zoet en Smart 31-HO, Mooifontein West 1-HO, Mooifontein
Oost 2-HO, Kareeput 257-IO, Rietfontein 240-IO, Grootpan 239-IO, Grootgewaagd
238-IO, Blaauwboschpan 237-IO, Broedersput 213-IO, Wonderfontein 211-IO,
Tarentaalkraal 210-IO, Blesbokfontein 190-10, Donkerpoort 189-10, Abel Coetzee
188-IO, Welverdiend 159-IO, Kalkpan 160-IO, Zuurbult 156-IO, Boschrand 157-IO,
Maribogo 10-IO, Mooiplaats 9-IO, Kunana Location 4-10, Siberia 2-10, Louisdal 1
-IO, Goedgevonden 87-IO, Naauwpoort 84-IO, Groenwal 69-IO, Roosendal 68-IO,
Onverhouden 56-IO, Boskop 65-IO, Mooilaagte 41-IO, Mooimeisjesfontein 118-JO,
Valleifontein 113-JO, Rooigrond 135-JO, Bauwel 128-JO, Freshwater 130-JO,
Lanric 59-JO, Jesmond Dene 88-JO, Doornhoek 87-JO, Sunnyside 54-JO, Thorn Dale
57-JO, De Wig of Kuil 77-JO, De Eg 76-JO, Bosjeslaagte 52-JO, Makaligalieskraal
51-JO, to the westernmost beacon of the said farm Makaligalieskraal 51-JO;
thence generally north-eastwards along the international boundary between South
Africa and Botswana (formed by the Marico- and Limpopo Rivers) to the
confluence of the Shashe River with the said Limpopo River; thence generally
eastwards, south-eastwards, and southwards along the international boundaries
between South Africa and Zimbabwe, South Africa and Mozambique, South Africa
and Swaziland to the westernmost beacon of the Remainder of Portion 2 (Diagram
SG No. A2935/1908), in extent 26,0204 hectares, of the farm Voorslag 24- HU;
thence south-westwards and westwards along the boundaries of the following to
include them in this area (being the boundary with KwaZulu/Natal): the said
Portion 2 of Voorslag 24-HU, Bergplaats 25-HU, Welkom 26-HU, Vergenoegdheid
39-HU and Agatha 41-HU to the point where the southern boundary of the last
named farm coincides with the middle of the Vaal River; thence westwards along
the Vaal River to include the provinces of Mpumalanga, Gauteng and part of
North-West into this area to the point where the middle of the Vaal River and
the prolongation of the western boundary of the farm Geluk 42-HN meet; the
point of beginning.