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Deeds Registries Act, 1937 (Act No. 47 of 1937)

Chapter 1 : Administration

2. Appointment of registrar, deputy registrar and assistant registrar of deeds

[Section 2 heading substituted by section 1(a) of the Deeds Registries Amendment Act, 2024 (Act No. 20 of 2024), Notice No. 5649, GG 51730, dated 10 December 2024: Effective 10 December 2024]

 

(1) The Minister shall appoint, in terms of the Public Service Act, 1994 (Proclamation 103 of 1994)—
(a) [Section 2(1)(a) deleted by section 1(b) of the Deeds Registries Amendment Act, 2024 (Act No. 20 of 2024), Notice No. 5649, GG 51730, dated 10 December 2024: Effective 10 December 2024];
(b) in respect of each registry, a registrar of deeds, who shall be in charge of the deeds registry in respect of which he or she has been appointed;
(c) for a deeds registry, one or more deputy registrars of deeds and one or more assistant registrars of deeds, who shall respectively have the power, subject to the regulations, to perform any act which may lawfully be done under this Act or any other law by a registrar;
(d) for the office of the chief registrar of deeds, one or more registrars of deeds, one or more deputy registrars of deeds, and one or more assistant registrars of deeds.

[Section 2(1) substituted by section 1(b) of the Deeds Registries Amendment Act, 2024 (Act No. 20 of 2024), Notice No. 5649, GG 51730, dated 10 December 2024: Effective 10 December 2024];

 

(1)bis [Section 2(1)bis deleted by section 1(b) of Act No. 87 of 1965]

 

(1A) Whenever any registrar, deputy registrar or assistant registrar of deeds, because of absence or for any other reason, is unable to carry out the functions of that office, or whenever such office becomes vacant, the Minister may authorize any officer in a deeds registry or in the office of the chief registrar of deeds to act in the place of such registrar, deputy registrar or assistant registrar during the period of such absence or incapacity, or to act in the vacant office until the vacancy is filled, as the case may be.

[Section 2(1A) substituted by section 1(c) of the Deeds Registries Amendment Act, 2024 (Act No. 20 of 2024), Notice No. 5649, GG 51730, dated 10 December 2024: Effective 10 December 2024];

 

(1B) The Minister may authorise any person to act temporarily, and either generally or in a particular matter, as assistant registrar of deeds in respect of any deeds registry additional to any assistant registrar or acting assistant registrar of the deeds registry concerned. Such a person must have proven appropriate expertise or the capacity to acquire, within a reasonable time, the ability required to perform the functions of that office, regard being had to the time available and the nature and extent of those functions and the responsibilities of that office.

[Section 2(1B) substituted by section 1 of Act No. 93 of 1998]

 

(1C) The Minister may delegate any power conferred on him or her by this section, to the Director-General: Agricultural, Land Reform and Rural Development or a Deputy Director-General in the Department of Agriculture, Land Reform and Rural Development.

[Section 2(1C) substituted by section 1(d) of the Deeds Registries Amendment Act, 2024 (Act No. 20 of 2024), Notice No. 5649, GG 51730, dated 10 December 2024: Effective 10 December 2024];

 

(1D) [Section 2(1D) deleted by section 1(e) of the Deeds Registries Amendment Act, 2024 (Act No. 20 of 2024), Notice No. 5649, GG 51730, dated 10 December 2024: Effective 10 December 2024];

 

(2)
(a) No person shall be appointed as registrar of deeds or deputy registrar of deeds after the commencement of section 2 of the Deeds Registries Amendment Act, 1984 (Act No. 62 of 1984), unless he or she has passed a degree, recognized by the Minister for the Public Service and Administration
(b) No person shall be appointed, after the commencement of section 2 of the Deeds Registries Amendment Act, 1984 (Act No. 62 of 1984), as assistant registrar of deeds, unless he or she has passed the final examination for the Diploma Iuris, or any other diploma or a degree, that is recognized by the Minister for the Public Service and Administration to be equivalent thereto, and has proven appropriate expertise or the capacity to acquire, within a reasonable time, the ability required to perform the functions of that office, regard being had to the time available and the nature and extent of those functions and the responsibilities of that office.

[Section 2 substituted by section 1(f) of the Deeds Registries Amendment Act, 2024 (Act No. 20 of 2024), Notice No. 5649, GG 51730, dated 10 December 2024: Effective 10 December 2024];

 

(3) Any person holding, at the commencement of section 1 of the Deeds Registries Amendment Act, 2024, the office of registrar or assistant registrar or deputy registrar of deeds, shall be deemed, as from the date of such commencement, to have been appointed under this section as registrar, or assistant registrar or deputy registrar of deeds, as the case may be.

[Section 3 substituted by section 1(f) of the Deeds Registries Amendment Act, 2024 (Act No. 20 of 2024), Notice No. 5649, GG 51730, dated 10 December 2024: Effective 10 December 2024];

 

(4) Every registrar appointed under or referred to in this section is hereinafter referred to as the registrar.

 

(5) Each registrar shall have a seal of office which shall be affixed to all deeds executed or attested by him and to all copies issued by him to serve in lieu of the original deeds.