Deeds Registries Amendment Bill signed into law

Image source: Oleksandr P from Pexels

The law seeks to enhance the deeds registration processes and procedures and will create uniformity in the deeds registry practice and procedures.

The new law, which amends the Deeds Registries Act of 1937, seeks to address challenges experienced by the deeds registries and conveyancers in respect of registration processes and procedures.

As part of building the capability of the state, the Presidency said the law now provides for the appointment of a Registrar, Deputy Registrar and Assistant Registrar of Deeds in terms of the Public Service Act and regulates the qualification requirements for these positions.

A significant aspect of the legislation is its focus on digitisation. It mandates the Chief Registrar of Deeds to develop and maintain an electronic deeds registration and recordal system.

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“The legislation also provides for modernisation of the deeds system and records in the form of directing that the Chief Registrar of Deeds must, subject to the Electronic Communications and Transactions Act, develop, establish and maintain the electronic deeds registration and recordal system.

“This must be done through the use of information and communications technologies for the preparation, lodgment, registration, recordal, execution and storing of deeds and documents, with the necessary security and privacy safeguards,” the Presidency said in a statement on Thursday.

Additionally, the law empowers attorneys, conveyancers, and notaries employed by the Department of Agriculture, Land Reform, and Rural Development to perform the duties of an attorney, conveyancer and notary in respect of transactions relating to State land.

It also introduces penalties for the unauthorised preparation, execution, and attestation of deeds and documents.

“These measures aim to speed up the registration and transfers of deeds and combat fraud, duplication and other challenges. The new measures will also enhance understanding of land and property ownership in the country,” the Presidency said.