Electronic Communications and Transactions Act, 2002
R 385
Deeds Registries Act, 1937 (Act No. 47 of 1937)Chapter 1 : Administration9. Regulations board |
| (1) | There shall be established a deeds registries regulations board (in this section called 'the board'), which shall— |
| (a) | make recommendations to the Minister concerning any matter specified in section 10 of this Act and section 5 of the Electronic Deeds Registration Systems Act, in regard to which the Minister may make regulations; |
| (b) | keep the operation and implementation of this Act and the Electronic Deeds Registration Systems Act, and its regulations under regular review and make recommendations to the Minister in regard to any amendments or other action which may be advisable; |
| (c) | serve as a consultative body as contemplated by section 2(2) of the Electronic Deeds Registration Systems Act; and |
| (d) | advise the Minister on any matter referred to it by the Minister. |
[Section 9(1) substituted by section 5(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]
| (2) | The board shall consist of the chief registrar of deeds as chairperson and executive officer as contemplated in section 2C(1)(a)(i), the Senior Financial Officer: Deeds Registration, the Chief Director Deeds Registration: Information, Communication and Technology, and seven other members appointed by the Minister, of whom— |
[Words preceding section 9(2)(a) substituted by section 5(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]
| (a) | one shall be an officer occupying an office mentioned in section 2(1)(b) or (c); |
| (b) | one shall be an officer of the Department of Agricultural, Land Reform and Rural Development; |
[Section 9(2)(b) substituted by section 3(a) of Act No. 12 of 2010]
| (c) | two shall be conveyancers nominated by the South African Legal Practice Council established in terms of section 4 of the Legal Practice Act; |
| (d) | one shall be a conveyancer from the Office of the State Attorney; |
| (e) | one shall be a Senior Financial Officer of the Department of National Treasury; and |
| (f) | one shall be an officer in the employ of the Banking Association of South Africa. |
[Section 9(2) substituted by section 5(c) and (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]
| (3) |
| (a) | A member of the board appointed by the Minister shall hold office for the period determined by the Minister, but the Minister may, if in his or her opinion there is good reason for doing so, terminate the appointment of such a member at any time before the expiration of his or her period of office. |
[Section 9(3)(a) substituted by section 5(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]
| (b) | A member of the board whose period of office has expired shall be eligible for re-appointment. |
(3A)
| (a) | The Minister must in the same manner in which a member of the board is appointed m terms of subsection (2), appoint an alternate member for each member of the board. |
| (b) | 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. |
| (c) | The provisions of subsections (3), (3B) and (3C) are, with the necessary changes, applicable to the appointment of an alternate member |
[Section 9(3A)(c) substituted by section 5(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]
| (3B) | If a member of the board dies or vacates his or her office before the expiration of his or her period of office, the Minister may, subject to subsection (2), appoint a person to fill the vacancy for the unexpired portion of the period for which such member was appointed. |
[Section 9(3B) inserted by section 5(g) 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]
| (3C) | A member of the board, excluding a member in the full-time service of the State, shall, while he or she is engaged in the business of the board, be paid such remuneration, travelling and subsistence allowances as the Minister, with the concurrence of the Minister of Finance, may determine. |
[Section 9(3C) inserted by section 5(g) 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)
| (a) | The board shall meet at the times and places determined by the chairperson. |
| (b) | The Minister may at any time direct the chairperson of the board to convene a meeting of the board at a time and place specified by the Minister. |
[Section 9(4) substituted by section 5(h) 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]
| (5) | In the absence of the chairperson of the board, the member referred to in subsection (2)(a), shall act as chairperson. |
[Section 9(5) substituted by section 5(h) 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]
(6)
| (a) | Subject to paragraph (c), five members of the board who have a vote on a specific matter, of whom one shall be a member appointed in terms of subsection (2)(c), shall form a quorum for a meeting of the board. |
Section 9(6)(a) substituted by section 5(i) 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) | The decision of a majority of the members present at any meeting of the board shall be the decision of the board, and in the event of an equality of votes the person presiding at the meeting shall have a casting vote in addition to his deliberative vote. |
(c)
| (i) | The Senior Financial Officer: Deeds Registration and the member appointed in terms of subsection (2)(e) shall only have a vote in respect of financial aspects; |
| (ii) | The members appointed in terms of subsections (2)(c) and (2)(f) shall not have a vote in respect of financial matters. |
Section 9(6)(c) inserted by section 5(j) 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]
| (7) | The board may regulate the proceedings at its meetings as it may think fit and shall cause minutes of such proceedings to be kept. |
| (8) | The board may make recommendations to the Minister concerning matters specified in section 10 also without holding a meeting, provided that any recommendation so made have been agreed to by all the members of the board. |
Section 8 substituted by section 5(k) 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]
| (9) | Regulations made by the Minister shall be published in the Gazette at least one month before the date specified in the relevant notice as the date of commencement thereof. |
Section 9 substituted by section 5(k) 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]
| (10) | The provisions of section 17 of the Interpretation Act, 1957 (Act No. 33 of 1957), shall apply mutatis mutandis with reference to regulations made by the Minister and published in the Gazette under subsection (9). |
Section 10 substituted by section 5(k) 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]
