Deeds Registries (Amendment) Act 2010 (No. 12 of 2010)

Please note that most Acts are published in English and another South African official language. Currently we only have capacity to publish the English versions. This means that this document will only contain even numbered pages as the other language is printed on uneven numbered pages. Government Gazette REPUBLIC OF SOUTH AFRICA Vol. 546 Cape Town 2 December 2010 No. 33829 THE PRESIDENCY No. 1149 2 December 2010 It is hereby notified that the President has assented to the following Act, which is hereby published for general information:– No. 12 of 2010: Deeds Registries Amendment, 2010. AIDS HELPLINE: 0800-123-22 Prevention is the cure 2: No. :i3X2lj Act No. 12 of 2010 GOVERNMEI\T GAZETTE. .2 DECEMBER 2010 DEEDS REGISTRIES AMENDMENT ACT. 2010 GENERAL EXPLANATORY NOTE: ] Words in bold type in square brackets indicate omissions from existing enactments. Words underlined with a solid line indicate insertions in existing enactments. (English text signed by the President.) (Assented to 30 November 2010.) ACT To amend the Deeds Registries Act, 1937, so as to substitute certain obsolete expressions; to delete the reference to a registrar of mining tides or a mining commissioner acting as a registration officer; to provide for the extension of the duties of a registrar; to provide for the appointment of alternate members to the deeds registries regulations board; to provide for the disclosure of the full names and marital statns of persons in all deeds and documents to he executed or lodged for registration or record in a deeds registry; to provide for the issuing of a certificate of registered title in respect of a fradion of an undivided share in land; and to amend certain definitions; and 10 provide for matters connected Iherewilh. BE [T ENACTED by the Parliament of the Republic of South Africa asfollows: Amendment of section 2 of Act 47 of 1937, as amended by section 1 of Act 43 of 1957, section 1 of Act 43 of 1962, section 1 of Acl48 of 1965, seelion 2 of Act 61 of 1969, section 2 of Act 3 of 1972, sl'etion 7 of Act 62 of 1973, seclion 2 of Act 27 of 5 1982, seclion 2 of Act 62 of 1984, sl'elion 1of Act 14 of [993, seelion 10 of Acl II of 1996, Proclamation R9 of31 January 1997, section 35 ofAct 47 of 1997 and section 1 of Ad 93 of 1998 1. Section 2 of the Deed Registries Act. 1937 (Act No. 47 of 1937) (hereinafter rcl'erred to as the principal Act I. is hereby amended-- 10 (u) by the substitution for the heading of the following heading: "Appointment of chief registrar, registrar and assistant registrar of deeds"; and (b) by the insertion uftcr subscl:lion (I C) of the following subsection: "(I DJ For the pUlposes of subsection (1)(ai. "supervision" includes 15 the issuing of practice and procedure uirectives.·'. Amendment of section 3 of Act 47 of 1937, as amended by sedion 14 of Act 50 of 1956, section 2 of Act 43 of 1957, seclion 2 of Act 43 of 1962, section 2 of Act 87 of 1965, section 1 of Act 41 of 1977, seclion 101' Act 92 of 1978, section 1 of Act 44 of 1980, sedion 3 of Act 27 of 1982, section 28 of Act 88 of 1984, section 2 of Acl14 of 20 1993, seclion 9 of Act 122 of 1993, section 68 of Acl 67 of 1995, section I of Act 11 of 1996. section 53 of Act 24 of2003, section 46 ofAct 11 of 2004 and seclion 1 of Act 5 of 2006 2. Section 3 of the principal Act is hereby amenued 4. No. 33829 Act No. 12 of 2010 GOVERNMENT GAZETTE, 2 DECEMBER 2010 DEEDS REGISTRIES AMENDMENT ACT. 2010 (a) by the substitution in subsection (I) for paragraph (u) of the following paragraph: "(u) register powcrs of attorney wherehy the agcnts named therein arc authorized to act generally for the principals granting such powers. or to carry out a series of acts or transactions registrable in a deeds 5 registry. and register copies of such powers registered in another deeds registry. which have been certified by the registrar thereof, or which have been issued for the purpose of being acted upon in a deeds registry by a Master or registrar of the [Supreme] High Court of South Africa [or a rl'gistrar of mining titles or a mining 10 commissioner in his capacity as a registration officer];"; and (b) by the addition in subsection (I) after paragraph (y) of the t{,11owing paragraph: "(z) implement practice and procedure directives that are issued from time to time hy the chief registrar of deeds," IS Amendment of section 9 of Act 47 of 1937, as amended by section 3 of Act 3 of 1972, section 17 of Act 7101' 1972, s<'Ction 8 of Act 62 of 1973, section 9 of Act 57 of 1975, section 4 ofAct 2701' 1982, section 4 of Act 1401'1993 and section 10 ofAct II of 1996 3. Section 9 of the principal Act is hereby amended (a) by the suhstitution in suhsection (2) for parugraph (b) of the following 20 paragraph: "(h) one shall be an ollicer of the Department of [Land AWairs] Rural Developmcnt anti Land Reform; and"; and (bi by the insertion after subsection (3) of the following subsection: "(3A) (u) The Minister must in the same manner in which a member 25 of the board is appointed m terms of subsection (2), appoint an alternate member for each member of the board. (h) An alternate member may in the absence of a member of the board from a meeting of the board. attend such meeting on behalf of such member and is deemed to be a member of that meeting. 30 (c) The provisions of subsection (3) are, with the necessary changes, applicable to the appointment of an alternate member.". Amendment of section 17 of Act 47 of 1937, as amended by section 1 of Act 15 of 1953, section I of Act 37 of 1953, section 8 of Act 43 of 1957, section 8 of Act 43 of 1962, section 5 of Act 3 of 1972, section 29 of Act 88 of 1984, section 1 of Act 75 of 35 1987, section 9 of Act 14 of 1993, section I of Act 132 of 1993, section 2 of Act II of 1996, section 12 of Act 120 of 1998, section I of Act 9 of 2003 and section 53 of Act 24 of 2003 4. Section 17 of the principal Act is hereby amended by the substitution in subsection (2) for the words preceding paragraph (a) of Ihe following words: 40 "(2) Every deed [executed or attested by a re~istrar, or attested by a notary public and required to be registered in a deeds registry, and made by or on behall' of or in favour ofany person,] or any other doeumellliodged with a deeds registry for execution. registration or record. shall-". Amendment of section 34 of Act 47 of 1937, as amended by section 14 of Act 87 of 45 1965 5. Section 34 of the principal Act is hereby amended by the insertion after subsection (I ) of the following subsection: "( IA) The provisions of subsection (I) shall apply. with the nccessary changes. to any person who is the owner of the whole of or a share in a piece of land and who 50 wishes to obtain a certificate of registered title of any fraction of his or her undivided share in such land.". (J No. 33H29 Act No. 12 of 2010 GOVERNMENT GAZETTE, 2 DECEMBER 201(J DEEDS REGISTRIES AMENDMENT ACT. 2010 Amendment of section 102 of Act 47 01' 1937, as amended by section 12 of Act 3 of 1972, section 13 01' Act 3 of 1972, section 58 of Act 93 01' 1976, section 22 of Act 27 ofl982, section 9 of Act 62 of 1984, section 4 of Act 75 of 1987, section 7 of Act 3 of 1988, section 6 of Act 24 of 1989, section 7 of Act 24 of 1989, section 32 of Act 113 of 1991, section 22 of Act 14 of 1993, section 23 01' Act 14 of 1993, section 74 of Act 5 120 of 1993, section 68 ofAct 67 of 1995, section 9 ofAct 11 of 1996, section 10 ofAct 11 of 1996, Proclamation R9 of 31 January 1997, section 10 of Act 93 of 1998, section 2 of Act 9 of 2003, section 53 of Act 24 of 2003 and section 46 of Act 11 of 2004 6. Section 102 of the principal Act is hereby amended by the substitution for the 10 definitions of "Master" and "Minister" of the following definitions, respectively: "'Master' means the Master or Assistant Master of any provincial or local division of the [Supreme] High Court and when used in relation to any particular maHer means the Master or Assistant Master who has jurisdktion in respect thereof; 15 'l"Unister' means the Minister of [Land Affairs] Rural Development and Land Reform;'", Short title 7. This Act is called the Deeds Registries Amendment Act, 2010.